Wednesday, October 21, 2009

Can a collection agency place a debt on your credit from 1999 in 2007?

Debt from a school through job training back in 1999. It was just recently placed on credit and tried to dispute it, but Transunion gave an unclear answer as to why it was not removed. The answer was it is all automated. About $100 dollars was paid in total. I'm not sure how much is totally owed because I was asked the question, it's not my debt.

Can a collection agency place a debt on your credit from 1999 in 2007?
For the reporting period:


If the last payment on the account was made more than 7 years ago, it would be illegal to reage the debt and report it for a longer period. (It does not matter if the account was sold to 100 collection agencies through the years - illegal reaging is illegal reaging)





If the last payment was made 6 years %26amp; 11 months ago (and before the original creditor charged off the loan) then it is legal to place it on the credit reports. BUT it still "must" be removed at the 7 year mark.





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As for the collecting SOL:


IF the loan is backed by state / fed, etc. funds, then there is no collecting SOL. The collector would have a legal right to continue collections no matter how old the account is. That includes filing suit.





If the account is not backed by state / fed, etc. funds, then it would fall under the states written collecting SOL.
Reply:Although its not in the spirit of the "Fair credit consumer bla bla bla" laws, they can and will report it by selling the bad loan back and forth which starts the 7 year bad credit reporting cycle over each time its sold. Its garbage but don't expect anything negitive to ever not be on your credit report. Only positive items vanish after 7 years.
Reply:Send a validation demand letter to the collection agency who listed this debt, and inform them that the delinquency date is in 1999. Therefore they are reporting this illegally to your credit report.





If they still don't remove it, you can sue them for $1000 in small claims court.
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Reply:You need to send them a letter citing the fair credit reporting language. When they know you are serious about your credit, they will pay more attention. Things may be removed automatically but that doesn't mean they can't remove items manually. If this is not your debt, then you absolutely need to tell them in writing as well. They have the burden of proof!

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