Just starting and I have some questions

[MarineVietVet]

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@Anonymous wrote:

correct, it's the CA reporting. the OC (apts) changed management in 2007 or so and couldn't tell me anything when I called. I don't know the SOL and I live in texas

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The SOL in Texas is 4 years for all debt.

From a BK years ago to:
EX - 3/11 pulled by lender- 835, EQ - 2/11-816, TU - 2/11-782

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

[LIGHTNIN]

Aaaahhh, Texas that's great because from what I've read, they have the best laws protecting the consumer, relating to collections of debts. Google "Texas Finance Code". If I had re-read your 1st post, I would've seen you live in Texas, sorry about that.

Yes, the SOL in Texas is 4 years. SOL is the legal time period a creditor has to take someone to court and win.But you are Passed SOL that means if they summons you to court, use "passed SOL" as a defense,so they can not win. There is one way they can win, that is if you do not show up to court,they win by default and put a judgment on your CR.  A judgment stays on a CR I believe it's 7yrs from the date filed with the court.

Just so you know, since the debt is now passed the SOL and soon to be not reporting on CR's any longer, The CA's can still try to collection on this debt forever. Since you are wanting the debt to be removed soon then later, I would suggest to try using a PFD letter. You can try to settle for less then the full amount, but it may take paying the full amount to get the CA to agree to delete.

I hope we answered all your questions, if not please let  us know

[RobertEG]

While Texas certainly provides you with extended DV rights, any debt collector still must comply with the minimum requirements of the FDCPA.

An essential requirement of proper debt validation under FDCAP 809(b) is that the debt collector must obtain debt verification from the creditor.  That can simply be a statement to that effect, but implicit in that requirement is that they have communicated with the creditor and obtained their verification of accuracy of the debt.

They are prohibted from conduction further debt collection activities until they provide adequate verification.  if they did not or cannot verify with the creditor, you might want to hold any statement of verification as being inadequate until such time as they have notified you that they have, indeed, communicated with the creditor, who that party is, and that they did, indeed, obtain the require debt validation from them.  From your post, that may be a problem for them......

[Anonymous]

I think i'm going to wait to send a DV letter until the new year when i have the money available, just in case. Will sending a DV letter upadate the last activity date? If it does, will it be on my report for another 7 years?

[MarineVietVet]

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@Anonymous wrote:

I think i'm going to wait to send a DV letter until the new year when i have the money available, just in case. Will sending a DV letter upadate the last activity date? If it does, will it be on my report for another 7 years?

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Nothing can change the CRTP (Credit Reporting Tme Period). So send away. 

From a BK years ago to:
EX - 3/11 pulled by lender- 835, EQ - 2/11-816, TU - 2/11-782

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".