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NYS 5-year purge rule?

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Anonymous
Not applicable

NYS 5-year purge rule?

Hi My Fico-ers!

 

Can someone explain the NYS 5 year purge rule to me?  I have a chase charge off of about $6K.  The last payment was August 2014.   In March of 2018, we settled for $600, which I paid immediately.   Is my thinking correct that the charge off should come off my reports in 

August of 2019 under the NYS purge rule?  Do I need to contact the bureaus and remind them of the rule?

 

I just paid off PRA so this is my last big baddie, and I'm anxious to have it gone.   Thanks in advance!

Message 1 of 27
26 REPLIES 26
Anonymous
Not applicable

Re: NYS 5-year purge rule?

You are correct. The law means that unlike the other 49 states, where derogs remain for 7 years, in NY they fall off after 5. I’ve used this to have derogs deleted - it’s legit and the bureaus know it.

I have found that TU is even willing to honor EE 6 months early, which allowed me to have a derog removed 4-1/2 years after DoFD. I tried with EX yesterday and they refused to do it, citing the Purge Law as “already being an early delete”. I’ll call back and try for a different rep tomorrow and hope for a delete.
Message 2 of 27
Anonymous
Not applicable

Re: NYS 5-year purge rule?

Awesome!  Thanks.  I wonder if I should call TU tomorrow - 6 months early EE would be right about now.......

Message 3 of 27
Anonymous
Not applicable

Re: NYS 5-year purge rule?

Definitely. I called them rather than doing it online. They were extremely polite and easy to work with. I just told the front-end CSR “I’m calling in to request an early exclusion on an account, and I understand only a supervisor has those privileges. Could you transfer me please?” They did it, I gave the supervisor the Account number for the tradeline on my report. She put me on hold for a couple minutes, then came back on and said it was gone and she would be mailing me a copy of my TU report updated to show the deletion. I got it 4-5 days later. Total elapsed time was under 11 minutes.
Message 4 of 27
Anonymous
Not applicable

Re: NYS 5-year purge rule?

I will be calling them on my lunch hour tomorrow!  Thanks for the "how to."  I've been lurking on this forum for a while, and it never ceases to amaze me how helpful everyone is.  I have learned so much.

Message 5 of 27
Anonymous
Not applicable

Re: NYS 5-year purge rule?

Excellent - please update the thread with your results. We all love a good success story. I’m hoping that TU’s policy is to honor EE with the Purge Law, and that I didn’t just get a rogue or uninformed supervisor.

You aren’t kidding about this forum. It’s a gem and the knowledge here is phenomenal. Truly one of the best places on the web that I’ve ever spent time.
Message 6 of 27
RobertEG
Legendary Contributor

Re: NYS 5-year purge rule?

New York State General Business Law Section 380-j

“(f)(1) Except as authorized under paragraph two of this subdivision, no consumer reporting agency may make any consumer report containing any of the following items of information.

(i) bankruptcies which, from date of adjudication of the most recent bankruptcy, antedate the report by more than fourteen years;

(ii) judgements which, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period;  or judgments which, from date of entry, having been satisfied within a five year period from such entry date, shall be removed from the report five years after such entry date;

(iii) paid tax liens which, from date of payment, antedate the report by more than seven years or, a paid, satisfied or vacated tax lien involving a purchaser, transferee or assignee in a bulk sale transaction who has been deemed liable by the state tax commission for sales taxes due from a seller, transferrer or assignor under subdivision (c) of section eleven hundred forty-one of the tax law, where the receipt by a credit reporting agency from such purchaser, transferee or assignee of a notice, or true copy thereof, from the state tax commission to such purchaser, transferee or assignee that his liability has been wholly paid or satisfied or no longer exists, antedates the report by more than thirty days;

(iv) accounts placed for collection or charged to profit and loss which antedate the report by more than seven years;  or accounts placed for collection or charged to profit and loss, which have been paid and which antedate the report by more than five years; “

Message 7 of 27
Anonymous
Not applicable

Re: NYS 5-year purge rule?

UPDATE:   It worked!  I just got off the phone with TU - they are deleting it from my report.   It took less than 10 minutes.  Now all I need is for PRA to fall off (patiently waiting for the 30 days)!

 

Thanks for the advice and help!

Message 8 of 27
Anonymous
Not applicable

Re: NYS 5-year purge rule?

Excellent! Glad to hear it - finally there’s a good reason to live in this state!!
Message 9 of 27
gdale6
Moderator Emeritus

Re: NYS 5-year purge rule?

EE cannot be done online one must call the CRAs for it.

Message 10 of 27
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