So let me see if i understand this correctly... Will the debt stay on your report for 7 years from charge off date or from date CA took it over? And if i pay CA settlement will it then come off my report? This is a bit confusing to me. Also, how can a 4,200 credit card debt suddenly be 9,400? Seems a bit astounding to me!
Thanks for any answers.

[onelamb]

The negative item will stay on the credit report from the date of first delinquency. Some collectors try to re-age the debts by posting the latest dates when they got your file. By doing this, they try to hurt the credit for longer period. If you see the collector doing such illegal activities, dispute the item with the CRA. They will need to correct the reporting.

[Morningstar]

Also, how can a 4,200 credit card debt suddenly be 9,400? Seems a bit astounding to me!

The balance due could continue to accrue interest, or the collection agency tacked on some fees (some may be legal, others may be illegal).

If the SOL is 7 years, is it 7 years exact since my last payment or is it 7 years and 180 days? It will be 7 years in may. I called them about another account that does not belong to me and they brought up the one that does. Did I wave a red flag for them to sue?

All three credit bureau's deleted the one that is not quite 7 years yet. so do I have anything to worry about as far as asset acceptance taking me to court?

[Morningstar]

SOL for credit reporting and SOL for filing a lawsuit are two different things. What state are you in, and what was this debt for? Also, did you admit to owing it or make a promise to pay?

As for credit reporting, I'm pretty certain that it's seven years from date of charge off, not from date of delinquency.

I am in Texas. two of the debt's are for credit cards $11000 each from First USA bank. I only had one First USA card. The third one is for ATT wireless $900, I never had an ATT cell phone. I did not admit to owning the debt, but I did say I had a First USA card before. I simply asked them to send me more details on these debts as far as account numbers and original dates to see if it matched my records. Of course they said their legal department would only limit the information they send me. I just wanted a letter from them with the dates so I can send it to the credit bureau to get them deleted. asset said ATT wireless is from 1996, but when they reported it they changed the date to 2005 so it will remain on my records till 2012.

I just found this site and I didn't know they can take me to court. Now I'm thinking I shouldn't have called them at all.

[ramj70]

I would dispute that with the reporting agencies johnny, they can't change the date of the debt just because you talked to them. File a dipsute with the reporting agencies.

I have disputed it twice. I spoke to experian and they told me to get a letter from asset with the original date and they will delete it for me. Not sure how I would be able to get a letter like that. Asset said they can't send me that type of information. However, equifax deleted it but experian and transunion wouldn't. This $900 att wireless is the only thing on my credit and I never even owned an att phone.

[texaslawyer]

johnny, now that they have your contact info, you can probably count on more collection activity. You do have claims for reporting violations if you dispute the accuracy and they fail to do a reasonable investigation. This liability can extend to the reporting bureau and the company reporting the account if the dispute is sent to both. Additionally, re-aging an account to keep it on the credit report is a violation of the FCRA.

To the first post: You cannot be summoned to court by phone. Nor can they get a court to rule against you unless you've been served a summons, which comes certified mail or by a deputy sheriff.

I also doubt that once something is outside of the SOL, that they can legally sue you for it, whether you admit to it or not. A SOL is from the date the incident first occurred. If you steal something from someone, but the SOL is ten years in your state, and they find you after 11, do you think they can prosecute you? No.

I would consult a lawyer before believing anything here.

[ramj70]

Uh tracker the first post never ever said that you would be served a summons by phone. Re-read the post, the only thing about the phone is when a collector calls you. The post said not to stay at home if you get sued, there was no implication that you are served by phone. Also CA's do try and sue for debts outside of the SOL and hope you don't show up to contest it. CA's have been known to change the date of the debt. Oh wait, we all know CA's never do anything illegal.

Now, move along and call those people beacause your not going to get your commission by wasting your time here trying to twist things around.

Hello, This morning my husband recieved a call from from Tate&Kirlin which looking up online I found out was asset acceptance and found this site. He had some unpaid cc from 98'. Which is the only thing I can think this call is about. When I have him call back(he's at work) I will have him ask for validation?
Also for CC debt I was confused about MA SOL could you explain which category it falls under? And maybe where we should go from here, and how to deal with these people? We have never dealt with a credit col. before. Thanks,Ann

Massachusetts Statutes of Limitation

Debt instruments issued by banks, Contract under seal: 20 years.

Judgments: 20 Years.

Oral or Written Contracts: 6 Years.

Consumer Protection Actions: 4 Years.

Recovery of Property: 3 Years.

Probate Claims: 1 Year from date of death.

Claims on mortgage notes following foreclosure or on claims junior to a foreclosed mortgage: 2 Years.

[pokertramp]

I am from Massachusetts so I know most of the laws. The SOL on a credit card is 6 years written contracts, open accounts and verbal agreements are all 6 years. Contract under seal is a bank account such as a mortgage.

Have you been contacted by mail from this company yet? If not this is what you do when you call them.

Ask them what it is for, do not admit to owing anything. Ask when they think you last made a payment on this if they say it was more than 6 years ago, then you know the SOL has passed.

DO NOT verify your social security number to them. Only verify your name and address, possibly your telephone number too. If they ask you if it is tour SS# tell them you will not answer that question. Then further instruct them that seeing as they just contacted you by phone they now have 5 days to send you something in writing and then hang up on them.

You want to keep the call as short as possible give very little information but make them know that you know your rights.

Any other questions, feel free to ask, I will be back on tonight.

I had one collection agency pay $25 on an a account past the SOL to make it active, I got every bank document of mine and fought them in court, I won they could not prove I made the payment, it was paid by money order from a city about 70 miles from me, and on the day actually that whole week I was not even in my home state, I even pointed out via mapquest that the one of the offices of the CA was 4.8 miles away from place the money order was purchased.

Ok I got their letter today and I know what it's regarding now. My husband lost his job 4 yrs ago and we couldn't afford 2 car notes, so we cad the more expensive one volentaraliy reposessed. This was 4 yrs ago in Fl. Here's Fl sol. I'm still not sure which category it falls into. Thank you.

Florida Statutes of Limitation

Contract or written instrument and for mortgage foreclosure: 5 years. F.S. 95.11.

Libel, slander, or unpaid wages: 2 years.

Judgments: 20 years total and to be a lien on any real property, it has to be re-recorded for a second time at 10 years.

The limitations period begins from the date the last element of the cause of action occurred, (95.051). NOTE: The limitation period is tolled (stopped) for any period during which the debtor is absent from the state and each time a voluntary payment is made on a debt arising from a written instrument.

Almost all other actions fall under the 4-year catch-all limitations period, (F.S. 95.11(3)(p)).

[pokertramp]

OK Ann03 this is what you need to do. First off how long has it been since you lived in Florida? You are in Massachusetts now?

This is the statute of limitations in Florida, The car payment would fall under written contract and is 5 years:

Open Account (credit cards): 4 years
Written Contract: 5 years
Domestic Judgment: 7 years (renewable)
Foreign Judgment: 5 years

Now they can go by where the contract was signed or where you reside now. Most likely they will pursue the state with the longer SOL which is Massachusetts, 6 years.

On that letter it should have a 30 day disclosure on it, right? If so that means this is the first time they have contacted you by mail and you now have 30 days to request validation. Format this letter to your needs and send it certified mail return receipt requested. Do not sign the letter only type your name.

Once they get it they must validate the debt and cannot attempt to collect any further including filing a lawsuit. If they do you can counter sue them and get the case dismissed.

What I would do is when you fill out the green card, Photocopy it in color if you can, do it at the bottom of the page. Make sure it is filled out and has the tracking number and everything on it. Make 2 copies and use that as the second page in your debt validation letter. This way you send a copy to them and you have a copy for yourself if you are taken to court. It is in color so you are showing that you sent it before it was signed for and when you get the green card back, you have the same thing but with a signature on it. This will cover everything and cannot be disputed in court saying they never got it. Hopefully I was clear on that but if you have any questions, feel free to ask....


Your Name
Your Address
CITY/Town, STATE ZIPCODE

Date: March 9, 2005



Collection Agency Name
Address
CITY/Town, STATE ZIPCODE

Re: Acct Ref. # XXXXX and XXXXX

To Whom It May Concern:

This letter is being sent to you in response to a alleged debt. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you
.
What I need you to provide as the debt validation is as follows:
1. What the money you say I owe is for;
2. Explain and show me how you calculated what you say I owe;
3. Provide me with copies of any papers that show I agreed to pay what you say I owe;
4. Provide a verification or copy of any judgment if applicable;
5. Identify the original creditor;
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent

I will not hesitate in bringing legal action against you for the following:
1. Violation of the Fair Credit Reporting Act
2. Violation of the Fair Debt Collection Practices Act
3. Defamation of Character

If your offices are able to provide the proper documentation as requested in the following declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

It would be advisable that you assure that your records are in order before I am forced to take legal action.



Best Regards,