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Statue of Limitations on a Rent Collection

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Established Member

Statue of Limitations on a Rent Collection

I'm helping a buddy clean up his credit as he aims to purchase a home next year. He has a $2000 rent collection only showing up on Equifax. It's a situation where he and the landlord were in disagreement about getting the deposit paid & back. So the landlord, having the upper hand in the situation, sent the bill to collections. He remembers filing an electronic dispute through EQ but nothing seemed to ever have come of it a few years ago.

 

The current Equifax file says:

opened - 1/2013

responsibility - individual

remarks - consumer disputes this account information

 

This apartment was in Washington, DC. The statute of limitations legislation is right here. 2013 was a long time ago. Is there any recourse here based on how long it's been? Or should he just pay the debt collector and ask for pfd even though he feels he was cheated by the landlord?

Message 1 of 8
7 REPLIES 7
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Moderator

Re: Statue of Limitations on a Rent Collection


@thebreeze wrote:

I'm helping a buddy clean up his credit as he aims to purchase a home next year. He has a $2000 rent collection only showing up on Equifax. It's a situation where he and the landlord were in disagreement about getting the deposit paid & back. So the landlord, having the upper hand in the situation, sent the bill to collections. He remembers filing an electronic dispute through EQ but nothing seemed to ever have come of it a few years ago.

 

The current Equifax file says:

opened - 1/2013

responsibility - individual

remarks - consumer disputes this account information

 

This apartment was in Washington, DC. The statute of limitations legislation is right here. 2013 was a long time ago. Is there any recourse here based on how long it's been? Or should he just pay the debt collector and ask for pfd even though he feels he was cheated by the landlord?


I would suggest he make his case to the home lender as to why he will not pay the collection. At most its gone next year typically at the 7 year mark from the DoFD. I did years ago when I bought my house as to why I would never pay a gas company collection that was near 1K, end of story, it was not mentioned again.

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Message 2 of 8
Established Member

Re: Statue of Limitations on a Rent Collection

Thanks for the advice!

Message 3 of 8
Regular Contributor

Re: Statue of Limitations on a Rent Collection

Has he tried disputing directly with the CA and asking for validation?

03/19/19
Experian: 571 | Equifax: 563 | TransUnion: 563

04/06/19
Experian: 591 | Equifax: 566 | TransUnion: 577
Message 4 of 8

Re: Statue of Limitations on a Rent Collection


@Bbradford71 wrote:

Has he tried disputing directly with the CA and asking for validation?


Agree. Request validation from the CA. Then review the "evidence" they send you and pay close attention to the DOFD listed on your credit report vs what is explained in the "evidence."

Message 5 of 8
Established Member

Re: Statue of Limitations on a Rent Collection

Thanks all.

Message 6 of 8
Community Leader
Legendary Contributor

Re: Statue of Limitations on a Rent Collection

Debt validation rights only apply within the first 30 days after the debt collector sent their initial collection notice, which was likely years ago.

Thus, a DV request at this point would likely be untimely, and could simply be ignored.

 

Even if a DV request is sent within the first 30-days after dunning notice, it does not require any response by the debt collector, and thus you are not ensured that they will even repsond, let alone send any documentation supporting their verifcation of the debt.

 

The important issue at this point is that in order to currently be included in your credit report, the debt collector must have provided a DOFD to the CRA that is currently less than 7 years plus 180 days ago.  Credit report exclusion can be pursued by challenging the accuracy of the reported DOFD.

A DOFD must, by definition, have preceded the date that the collection was opened.

If the collection was opened in 1/2013, the DOFD must precede that date, normally by approx 3-6 months, which means any reported DOFD of later than late 2012 could be challenged without additonal documentation on your part.

 

You need to first obtain the reported DOFD.

Message 7 of 8
Established Member

Re: Statue of Limitations on a Rent Collection

Thank you for this. Is it worth having him pursue ths DOFD route when this should be set to drop off due to statute of limitations in a few months?

Message 8 of 8