Debtconsolidationcare.com - the USA consumer forum

SOL has passed, should we keep paying?

Date: Tue, 03/18/2008 - 08:37

Submitted by anonymous
on Tue, 03/18/2008 - 08:37

Posts: 202330 Credits: [Donate]

Total Replies: 14


My husband had a collections account on his credit report which reported the last date of activity as 07/2001. Since it is out of Michigan (with a SOL of 6 yrs), it recently dropped off of his credit report. He has been paying them $10 a month for the past 8 yrs (just to keep them quiet), but now I'm wondering if he should keep paying, or can he stop since it has dropped off?

His credit score has finally gone up thanks to this dropping off, but I wouldn't want to just stop paying if there is a chance it could get back on there somehow. Of course the easy answer would be to just pay off the debt entirely, but it's a big chunk of money (which he should have actually sued them about back in the day), but that was poor decision made on his behalf so we definitely can't afford to pay it off at once.

Any advice would be much appreciated!


The company had a class-action lawsuit against them which he failed to take part of (bad decision on his part!), so he was left having to pay the debt anyway.

So even though the company hasn't updated the last date reported since 2001, and it has dropped off, it can still get put back on his credit report?


lrhall41

Submitted by on Tue, 03/18/2008 - 08:53

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Please understand that the Statute of Limitations and the credit reporting period are two entirely different things. The one governs how long a creditor has to file legal action after the cause. The other has to do with how long the item can show on the credit report.

In your husband's case, the SoL is very much alive, because he's been making payments on the account all this while. SoL is governed by the date of last activity [in this case, his last payment] on the account.


lrhall41

Submitted by unclewulf on Tue, 03/18/2008 - 16:10

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I would just continue to make payments. It's pretty good that it is off of the credit report and that is something in your favor however they can put it back on there and also take legal action should they want to. So if you can I would continue to make your small payment and continue to hope they don't place it back on your credit report.


lrhall41

Submitted by FYI on Tue, 03/18/2008 - 16:42

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If it is being paid on continuiously then there is still activity. As long as there is activity in such a manner then it can be put back on there.

It's like if you pay off a debt that is 6 years and 11 months old and it's going to fall off your credit report. The CA or creditor can update the account paid but it will recycle the date for another 7 years.


lrhall41

Submitted by FYI on Wed, 03/19/2008 - 07:08

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FYI, I disagree...
section 605 of the FCRA states that the 7 year time limit begins with the original date of delinquency, not the date of last activity on the account.
??
Making a payment of, say, 500 on an account that has a balance of 5,000 doesnt change the date of delinquency, and even if it did, the earliest date of delinquency is what their standard is, according to the law. If a CA tries to continue reporting an old debt, or if they restart the reporting once it has fallen off, then they are violating the FCRA.


lrhall41

Submitted by skydivr7673 on Wed, 03/19/2008 - 08:11

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So..let me see if I 'get this'..SKYDIVR...(Hypothetical senario) I have a debt, and I haven't paid on it, in about 7 years. I make a payment today,..however..the SOL is tomorrow. Did I just 're-start' the debt', or, is the SOL time up tomorrow? Also..IS there a difference between the SOL and 'drop-off' date? I thought there was NO difference at all..now, I'm a bit confused.


lrhall41

Submitted by sdchargers_63 on Thu, 03/20/2008 - 18:31

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I'll be happy to answer this for you sdchargers, the SOL runs from the date of last activity (payment) if you were to make a payment on a debt it would restart the SOL. The reporting period is 7 years from the first date of major delinquency, so if it were today (3/20/08) then the date of removal would be about 3/20/15. Once the 7 year reporting period has run the trade line is removed from your report and cannot be reinserted.


lrhall41

Submitted by JCEMT on Thu, 03/20/2008 - 20:26

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