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question on SOL

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chrissy122g
Valued Member

question on SOL

I have a friend who has a Beneficial acct opened 06/2000....date of last payment was August 2003...I explained to her the SOL...am I correct to believe that it is up this month?  The acct was opened and she still resides in FL....I looked it up and it states open acct 4 years....written contract 5...which does she use? It was a check they mailed her...I think it is the open end account for 4...anyone know please help....
 Thanks 
Message 1 of 5
4 REPLIES 4
Tuscani
Moderator Emeritus

Re: question on SOL

You are confusing the state SOL with reporting SOL. They are not the same.
 
See:
 
 
Did she bring the account current in 2003?  The date which controls the seven year reporting interval is techically called DOFCD - date of first continuous delinquency after which the account was never again current while it was open and usable. 
 
Example:
First 30 day late was January 2000, then the acct was current for 4 yrs.The acct went delinquent again in January 2003 and was never current again. The date which matters is Jan 2000. The January 2000 late should have aged off from your credit report after January 2007. Even prior to when that (1/2007) aged off, it was no longer controlling the TL's seven years because the account had been paid up sufficiently to become current again after that point.
 
For a charged-off account, the window maximum is 180 days (which represents the time period up to the latest date by which it had to be charged off if still in default) plus seven years. However, in practice just a flat seven years is when the CRA's age it off; they don't normally hold out for that extra half year.
FCRA:
 
(1) In general. The 7-year period referred to in paragraphs (4) and (6)(2) of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action. 



Message Edited by Tuscani on 08-19-2007 01:18 PM
Message 2 of 5
chrissy122g
Valued Member

Re: question on SOL

No what I was referring to was meaning she can no longer be sued (judgement) for the balance....sorry I see I didn't make it clear....she made a partial payment in May 2003...it was never caught up to date....From what I think...as of May 2007 the SOL for being sued has expired....she needs to send the collection comp a "cease & desist letter" stating the SOL is expired...it shows it will be removed from her report in 2010...
Message 3 of 5
Tuscani
Moderator Emeritus

Re: question on SOL

Was this a personal loan or a CC?


Message Edited by Tuscani on 08-19-2007 07:43 PM
Message 4 of 5
chrissy122g
Valued Member

Re: question on SOL

We have looked and on her reports it is showing a "revolving account" she said they mailed her a check....so really we dont know....
Message 5 of 5
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