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I need some good advice

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Anonymous
Not applicable

I need some good advice

I pulled my wife's reports last night.  While she has a lot of good history, there are multiple charge-offs and accounts in collections.  Some are due to fall off a year from now and all but one in June of 2019.  Should I even touch it or proceed with trying clean it up?  Will they come after her if something changes?

 

Also, some are shown twice, both as charged-off by the original creditor and again collections.  Can they do that?  The owners of her debt are Midland Funding and Investment Retrievers.  Does anyone have any experience with these people? 

 

 

Message 1 of 17
16 REPLIES 16
Anonymous
Not applicable

Re: I need some good advice

  1. Where did you pull her reports from?
  2. What is the SOL in your state/jurisdiction?
Message 2 of 17
ptch7116
Member

Re: I need some good advice

My experience w/ this is only 2nd hand - but it's my belief, that if you engage (in any way) w/ the entity now holding the debt, that the clock can start ticking all over again.

Worse... I also believe that if an old bad debt is ultimately paid, it will be on the report forever (because it was paid).  Whereas, a bad debt left-unpaid or in collections will eventually drop off.

If I was only 1-2 years out from all of that being cleared-up, I'd avoid all contact w/ anyone/anything having to do w/ the previous debts.  

If any of the above is incorrect, I invite correction.  Smiley Wink 

Filed BK7: 12/2013 - Discharge 03/2014
Starting scores 12/2013: EQ 655 / TU 648 / EX 656 (no late payments)
FICOs (6-2017): 682 EQ FICO | 665 TU FICO 06/2017 | 679 EX FICO 06/2017
CC Utilization: 9%
Established since BK:
$6.5k Cap1 Quicksilver | $5k Cap1 Plat | $2k Barclays (Apple) | $290K FHA Mortgage (7-2016) | $80k Infiniti FS 1.9% (auto 6-2017)
Message 3 of 17
Anonymous
Not applicable

Re: I need some good advice

I pulled her free reports from annualcreditreport.com. Apparently, the SOL in Texas is 4 years.  What does that mean exactly?  Also, from what date does that 4 years begin?

Message 4 of 17
Anonymous
Not applicable

Re: I need some good advice

It varies by law, but I usually tell people to get the DOFD, add 2-3 months and count from there to be safe.

 

SOL means when they can sue you.  4 years after the DOFD means if you're past that, dispute away.  Do disputes IN WRITING, USPS CMRRR, and use good reasons for disputing.  Don't just dispute "Not mine" or "No knowledge" but try to dispute specifics.

Message 5 of 17
Anonymous
Not applicable

Re: I need some good advice

There are some things that I don't understand.  Midland shows an account being opened for collection in 04/2012, but there is a column that says "Date Updated: 06/2017".  If the SOL in Texas is 4 years, how can the account be updated 5 years and 2 months later?  

Message 6 of 17
Anonymous
Not applicable

Re: I need some good advice


@Anonymous wrote:

There are some things that I don't understand.  Midland shows an account being opened for collection in 04/2012, but there is a column that says "Date Updated: 06/2017".  If the SOL in Texas is 4 years, how can the account be updated 5 years and 2 months later?  


They can update credit reports for 7 years.  The DOFD is all that matters.

Message 7 of 17
Anonymous
Not applicable

Re: I need some good advice

Forgive my questions if they appear stupid, but I'm coming from a real position of ignorance here.  Midland, for instance, still makes bi-monthly Account Review Inquiries.  For what purpose, or is this just a common function of collection companies, even after the SOL?

 

About the DOFD.  For my purposes it the same as the date an account is placed for collection?

Message 8 of 17
medicgrrl
Valued Contributor

Re: I need some good advice

There are a few dates that you want to know when looking at credit.

The date of first delinquency is the date a person is first late that leads to the charge off status.

The second is the SOL. The statute of limitations is what allows a creditor or debt collector to sue legally (there are collection agencies that will sue outside of the SOL in hopes that you don't show up to court)

The last is the reporting time. A collection or charge off can stay on your credit report for up to 7 years and 180 days from the DOFD.

Paying off a collection or charge of will neither reset the SOL or change the DOFD. But if you make a payment plan and fail to complete it, you can reset the SOL.

If the charge off's are revolving accounts and showing a balance, they may be hurting her score by remaining unpaid. Midland has a policy that if you pay off the account and the DOFD was over 2 years ago, they'll delete their account from the reports. This does not delete the OC account though.

Personally, I would work from the newest to the oldest and maybe she won't have to wait until 2019 to have a clean report.


EQ 778 EXP 782 TU 729
Message 9 of 17
CYBERSAM
Senior Contributor

Re: I need some good advice

To my experience debts just don't go away! Especially if they are credit card debts. It is possible that some collection agencies stop reporting due to many reasons( likely going out of business) but very likely some other company is going to buy all of their accounts and try to peruse it again and start new reports on the credit bureaus.

 

Is best to try to pay or settle the debts as soon as you can so it dose not follow you for years to come.

 

Thats just my experience. Good Luck.







                
Message 10 of 17
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