SOL in CA

[Anonymous]

Hi All, 

I am trying to work on my husbands credit so we can purchase a house.  He currently has a collection with Portfolio Recovery.  The collection states it is from 2016 which is past the SOL in CA.  He also never received a letter from them for this debt. I wanted to call to possibly negotiate but i am now wondering if i should dispute due to the 4 year SOL.  Any advice will be appreciated.

[AllZero]

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@Anonymous wrote:

Hi All, 

I am trying to work on my husbands credit so we can purchase a house.  He currently has a collection with Portfolio Recovery.  The collection states it is from 2016 which is past the SOL in CA.  He also never received a letter from them for this debt. I wanted to call to possibly negotiate but i am now wondering if i should dispute due to the 4 year SOL.  Any advice will be appreciated.

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@Anonymous  Is the debt valid?

If yes, PRC does PFD Pay For Delete as noted on their website.

[Anonymous]

The SOL is simply to prevent lawsuits. It can be reported for seven years from the DOFD. Do you know what the DoFD is?

[Anonymous]

@Anonymous 8/2016 is the DOFD

[Anonymous]

He has no recollection. I was going to send a DV email first, while looking into this I came across SOL advice so I just wanted to make sure I checked everything @AllZero 

[RobertEG]

The statute of limitations being referenced pertains to the period within which they must initiate civil action if they seek a court judgment ordering payment of the debt.

Credit report exclusion, however, is an entirely different animal.  The credit report exclusion period for a collection is no later than 7 years plus 180 days from the date of first delinquency, and is totally separate from the SOL for bringing civil action.  See FCRA 605(c).

A dispute over continued showing of the collection is not justified based on expiration of the state SOL on debt.

Lack of removal of the collection is only disputable after expiration of the 7 year plus 180 day exclusion period set in FCRA 605(c).

[OmarGB9]

As I said in your other thread, SOL has nothing to do with credit reporting. They can continue to report the debt as long as it remains unpaid for up to the 7.5 year reporting period. It being outside SOL simply means they can't sue you to collect the debt.

[Anonymous]

Well in that case it would stay on your report until 2023, so PDF would be nice. Since it’s past the statue of limitations you can probably settle it for a lot less, maybe a third.

If the debts valid I would do the PDF. you really only have 30 days to do debt validation from the Dunning notice have you received one? You said you had not received anything, so if that’s the case you would still have debt validation rights, it seems.

[Anonymous]

@Anonymous 

Hi, welcome to MyFico. I merged your two threads together as they cover the same concern. 
Please refer to out TOS in regards to cross posting. https://ficoforums.myfico.com/t5/User-Guidelines-General/myFICO-Forums-Terms-of-Service/td-p/4

[Anonymous]

@Anonymous never Received a dunning letter. I honestly would like not to drag it out and rather just negotiate and pay but he states he has no recollection of the debt