cancel
Showing results for 
Search instead for 
Did you mean: 

Help: With a possible Statue of Limitation Credit Issue

tag
GLIGUY23
Regular Contributor

Help: With a possible Statue of Limitation Credit Issue

I religously check my credit after weeding for a few years. I am proud to say I am doing awesome.  Today while doing one of my regular credit checks I noticed a Collection pop up from an item that was charged off years ago. 

 

Looking through my files at a credit report dated back in 09 it reads as follows.I also included the Date of Information for the new collection with a reporting date of 1/2013.  According to: http://www.azleg.gov/legtext/50leg/1r/summary/h.hb2412_04-11-11_astransmittedtogovernor.doc.htm the statue of limitation on cellecting for a credit card is 6 years. Given the Last day of reporting was 1/2006 if the most recent collector is collecting on behalf of the same creditor are they violating the statue of limitation? 

 

Status: Transferred,closed. written off. Status Details:
Date Opened:
03/2005
Reported Since:
01/2006
Date of Status:
01/2006
Last Reported:
01/2006
Type:
Revolving

Today when i looked at my credit file I was what appears to be a colloector collecting on their behalf. 

 

Account Number:
Original Creditor:XXXX
Address Identification Number:
Status: Collection account. Status Details: This account is scheduled to continue on

Date Opened: 01/2013
Reported Since: 01/2013
Date of Status: 01/2013
Last Reported:01/2013
Type:Collection
Terms:1 Months
Monthly Payment:$0
Responsibility:Individual
Credit Limit/Original Amount:

High Balance:NA
Payment History:
Account History:
Collection as of Jan 2013

EQ:702 TU:662 EX: 701 - 11/06/19
EQ: 678 TU: 712 EX: 730 - 8/2/2013
EQ: 677 TU: 683 - 04/07/12
EQ: 560 TU: 591 EX: 581 - 12/29/08
Message 1 of 17
16 REPLIES 16
cqdealer711
Frequent Contributor

Re: Help: With a possible Statue of Limitation Credit Issue

They can collect on an unpaid debt forever, there is no statute of when they have to "stop" collections.  The statute of limitations is only referring to how long they have to pursue legal remedies on the debt.  The time an item can report on your credit reports is 7 to 7.5 years.  Is that what you are referring to?



Starting FICO Score: 10/1/12--EQ 512 | TU 492 | EX 524
Current FICO Score: 2/22/14--EQ 705 | TU 703 | EX 716
Goal Score: 700+


Take the myFICO Fitness Challenge
Message 2 of 17
GLIGUY23
Regular Contributor

Re: Help: With a possible Statue of Limitation Credit Issue

Lets say the OC has been reporting for 7 years now. Does that mean the new collector can report for another 7 or do they have 1/2 a year left to report before they have to remove their entry on my credit file? 

EQ:702 TU:662 EX: 701 - 11/06/19
EQ: 678 TU: 712 EX: 730 - 8/2/2013
EQ: 677 TU: 683 - 04/07/12
EQ: 560 TU: 591 EX: 581 - 12/29/08
Message 3 of 17
DaBears
Senior Contributor

Re: Help: With a possible Statue of Limitation Credit Issue

The DoFD always starts with the OC, When was the last payment made on the account?

Message 4 of 17
GLIGUY23
Regular Contributor

Re: Help: With a possible Statue of Limitation Credit Issue

1/2006 was the last date reported. The account was charged off on that date so last payment had to have been prior to that.
EQ:702 TU:662 EX: 701 - 11/06/19
EQ: 678 TU: 712 EX: 730 - 8/2/2013
EQ: 677 TU: 683 - 04/07/12
EQ: 560 TU: 591 EX: 581 - 12/29/08
Message 5 of 17
Anonymous
Not applicable

Re: Help: With a possible Statue of Limitation Credit Issue


@GLIGUY23 wrote:

I religously check my credit after weeding for a few years. I am proud to say I am doing awesome.  Today while doing one of my regular credit checks I noticed a Collection pop up from an item that was charged off years ago. 

 

Looking through my files at a credit report dated back in 09 it reads as follows.I also included the Date of Information for the new collection with a reporting date of 1/2013.  According to: http://www.azleg.gov/legtext/50leg/1r/summary/h.hb2412_04-11-11_astransmittedtogovernor.doc.htm the statue of limitation on cellecting for a credit card is 6 years. Given the Last day of reporting was 1/2006 if the most recent collector is collecting on behalf of the same creditor are they violating the statue of limitation? 

 

Status: Transferred,closed. written off. Status Details:
Date Opened:
03/2005
Reported Since:
01/2006
Date of Status:
01/2006
Last Reported:
01/2006
Type:
Revolving

Today when i looked at my credit file I was what appears to be a colloector collecting on their behalf. 

 

Account Number:
Original Creditor:XXXX
Address Identification Number:
Status: Collection account. Status Details: This account is scheduled to continue on   what is the rest of this comment.  It should tell you when it will be removed.

Date Opened: 01/2013
Reported Since: 01/2013
Date of Status: 01/2013
Last Reported:01/2013
Type:Collection
Terms:1 Months
Monthly Payment:$0
Responsibility:Individual
Credit Limit/Original Amount:

High Balance:NA
Payment History:
Account History:
Collection as of Jan 2013


 

Message 6 of 17
GLIGUY23
Regular Contributor

Re: Help: With a possible Statue of Limitation Credit Issue

IIRC it says it will remain on record until Feb 2015.

 

Knowing the OC Last reported on 1/2006 and is no longer on my credit report. Shouldn't this be removed 1/2013 at the earliest and no later than 7/2013? Any later would be re-aging if no efforts to repay the debt and the date of last activity with the OC is 1/2006.

EQ:702 TU:662 EX: 701 - 11/06/19
EQ: 678 TU: 712 EX: 730 - 8/2/2013
EQ: 677 TU: 683 - 04/07/12
EQ: 560 TU: 591 EX: 581 - 12/29/08
Message 7 of 17
Anonymous
Not applicable

Re: Help: With a possible Statue of Limitation Credit Issue

It doesn't matter when the OC last reported, it goes by the DoFD.  Call the CRA and ask for the FCRA Compliance Date on this account.

Message 8 of 17
GLIGUY23
Regular Contributor

Re: Help: With a possible Statue of Limitation Credit Issue

I will call the cra and see what they say. I was under the impression that the date of first delinquent would be prior to the OCs last activity or reported date. Guess I am either missing something or not explaining myself correct.
EQ:702 TU:662 EX: 701 - 11/06/19
EQ: 678 TU: 712 EX: 730 - 8/2/2013
EQ: 677 TU: 683 - 04/07/12
EQ: 560 TU: 591 EX: 581 - 12/29/08
Message 9 of 17
Anonymous
Not applicable

Re: Help: With a possible Statue of Limitation Credit Issue

DoFD is when you first became delinquent and never brought the account current.

 

I understand what you are saying but for them to have a drop off date of 2015 there had to have been a DoFD reported to the CRA. 

 

Does this TL show any payment history at all? 

Message 10 of 17
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.