How long can a creditor try to collect a debt

[Anonymous]

Can anyone tell me how long a collection agency can try to collect on a very old account?  I filed bank ruptcy (chapter 7) in 3/1991.  Chase sold this old account off this year to a collection agency and they keep telling me that this account had activity shown in 12/2002 (this account was closed in march 1991 with the bankruptcy).  The collection agency reported to equifax on 6/2008 in reference to this account being delinquent.  Sent them a copy of my bankruptcy discharge and they told me that this isnt good enough. Before I spend a fortune with an attorney to fight this.  i would like to know if I can get this deleted on 12/2009 since that is the last reported activity ( 7 years ), or does it go by the reported date?

any help would be appreciated

[Anonymous]

It goes by DOFD- date of fist Delinquency -

Create a solid paper trail- and a attorney will take this on contingency

Even if account had activity shown in 12/2002- the SOL and CRTP had already expired - not to mention this debt is uncollectable under BK laws.  

If the DOFD is 1991 it is way past CRTP-

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reino134 wrote:

Can anyone tell me how long a collection agency can try to collect on a very old account?  I filed bank ruptcy (chapter 7) in 3/1991.  Chase sold this old account off this year to a collection agency and they keep telling me that this account had activity shown in 12/2002 (this account was closed in march 1991 with the bankruptcy).  The collection agency reported to equifax on 6/2008 in reference to this account being delinquent.  Sent them a copy of my bankruptcy discharge and they told me that this isnt good enough. Before I spend a fortune with an attorney to fight this.  i would like to know if I can get this deleted on 12/2009 since that is the last reported activity ( 7 years ), or does it go by the reported date?

any help would be appreciated

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[Anonymous]

This is what I need to know on this.   the account reads last activity 6/2002, date reported 6/2008.  Shows a balance if $3118.00.  Also shows that it is 120+ past due.  Is it safe to assume that regardless of anything, I can have this removed in 6/2009 which would be 7 yrs?  or would they be able to repost the delinquent debt again in the future?  If I remember correctly the last activity date is the one that counts towards getting this removed..

thank you

[Anonymous]

DOFD is the date used to start the CRTP.

On EQ, the DOFD does appear in the DOLA field, however it is still the DOFD.

DOFD is never changed once it is charged off/collection status. DOFD is set by the OC.

Sure, if the CA didn't re-age the account again it would come off next year. But they've obviously done it once, why wouldn't they do it again?

[Anonymous]

isnt there a statute with collectability.  The account is showing up as an open account with a balance, with last activity on 6/2002.  Is the open account status going to affect anything if I elect to wait til 6/2009?

[Anonymous]

Not sure what you are asking.

A CA/OC can attempt the collect forever.

They can only report until CRTP has expired. The only way to report longer is if they illegally re-age the account.

They can use at any time, but if past SOL and you show up in court and use that as your defense, then they don't win.

Is the account showing up under the "collections" section of your report?

If this account was included in BK in 1991, then it is too old to report. It should not be on your credit reports.

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reino134 wrote:

isnt there a statute with collectability.  The account is showing up as an open account with a balance, with last activity on 6/2002.  Is the open account status going to affect anything if I elect to wait til 6/2009?

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[Anonymous]

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@Anonymous wrote:

Can anyone tell me how long a collection agency can try to collect on a very old account? I filed bank ruptcy (chapter 7) in 3/1991. Chase sold this old account off this year to a collection agency and they keep telling me that this account had activity shown in 12/2002 (this account was closed in march 1991 with the bankruptcy). The collection agency reported to equifax on 6/2008 in reference to this account being delinquent. Sent them a copy of my bankruptcy discharge and they told me that this isnt good enough. Before I spend a fortune with an attorney to fight this. i would like to know if I can get this deleted on 12/2009 since that is the last reported activity ( 7 years ), or does it go by the reported date?

any help would be appreciated

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First of all, it's illegal for them to continue trying to collect on a debt that was discharged in BK. They're thumbing their noses at Federal Law. Really stupid on their part. AFAIK, Chase could not have possibly sold this debt if it was included in a BK. Once more, against Federal Law.

Do you still have any contact with the atty who repped you in the BK? If you DO, contact them immediately and apprise them of the situation. At the very least, they can call their patooties before the judge for contempt and censure.

If you don't, make copies of your List of Creditors and your Discharge and send them to the CRAs. Send them CMRRR ... that should effectively take care of erroneous reports.

Send them a letter, containing your file case number, the date filed, and a copy of your Discharge Order, stating that according to US Bankruptcy law, § 524 (2)(a), they are legally enjoined from attempting to collect on these debts (and that includes reporting to the CRAs). Let them know that you WILL be filing a lawsuit and you WILL be letting the judge know that they are doing this. Leave them the decision as to whether hounding you is worth paying exorbitant fines for contempt of court.

[Anonymous]

This is great advice EXCEPT sending the BK papers to the CRA's

I have heard too many horor stories-  

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@Anonymous wrote:

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@Anonymous wrote:

Can anyone tell me how long a collection agency can try to collect on a very old account? I filed bank ruptcy (chapter 7) in 3/1991. Chase sold this old account off this year to a collection agency and they keep telling me that this account had activity shown in 12/2002 (this account was closed in march 1991 with the bankruptcy). The collection agency reported to equifax on 6/2008 in reference to this account being delinquent. Sent them a copy of my bankruptcy discharge and they told me that this isnt good enough. Before I spend a fortune with an attorney to fight this. i would like to know if I can get this deleted on 12/2009 since that is the last reported activity ( 7 years ), or does it go by the reported date?

any help would be appreciated

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First of all, it's illegal for them to continue trying to collect on a debt that was discharged in BK. They're thumbing their noses at Federal Law. Really stupid on their part. AFAIK, Chase could not have possibly sold this debt if it was included in a BK. Once more, against Federal Law.

Do you still have any contact with the atty who repped you in the BK? If you DO, contact them immediately and apprise them of the situation. At the very least, they can call their patooties before the judge for contempt and censure.

If you don't, make copies of your List of Creditors and your Discharge and send them to the CRAs. Send them CMRRR ... that should effectively take care of erroneous reports.

Send them a letter, containing your file case number, the date filed, and a copy of your Discharge Order, stating that according to US Bankruptcy law, § 524 (2)(a), they are legally enjoined from attempting to collect on these debts (and that includes reporting to the CRAs). Let them know that you WILL be filing a lawsuit and you WILL be letting the judge know that they are doing this. Leave them the decision as to whether hounding you is worth paying exorbitant fines for contempt of court.

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[Anonymous]

just sat down with atty that filed this for me back in 1991.  She told me she was going to send them a nasty letter to remove it from my report.  The biggest problem that I have is my bankruptcy was done with the older type forms.  The older type forms did not list account numbers, just the creditors name, address, and amount discharged.  Prior to the newer forms they used your ssn with the creditors.  That is why ca will not accept as proof that this is the account in question.  I just finished writting a second letter to Equifax and included a copy of my bankruptcy.  I cant see the harm in sending it to them do to the age, I dont believe they can post anything in my file referring to it.

[Anonymous]

Another problem is that the ca is insisting that this acct showed activity in 2002.  That is impossible!  The acct was closed out in 91 with bankruptcy.

The ca refuses to send me any documentation to support their claim either