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Statue of Limitations & Credit Report

Date: Mon, 09/28/2009 - 14:27

Submitted by anonymous
on Mon, 09/28/2009 - 14:27

Posts: 202330 Credits: [Donate]

Total Replies: 4


Situation: Statue of Limitations has expired and the previous negative mark on my credit reports have fallen off (this dept was from 8 years ago). The dept has been sold to a new agency and they are attempting to collect. I am electing not to pay because of the statue of limitations.

Question: Can this new agency place another negative mark on my credit report for a dept that has past the statue of limitations (and also was previously on the report and now has dropped off)?

Thanks!


If the debt belongs to you, you may be still morally responsible for paying it off.

Anyway, if the collection agency tries to reintroduce the account to your report, you may need to dispute the entry with the CBs. Keep a copy of the credit report where the account is not showing.


lrhall41

Submitted by SC on Mon, 09/28/2009 - 22:05

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On credit reports, it says that the statute of limitations is measured from the first delinquency, i.e. the first missed payment that caused the account to be reported as delinquent. Is the statute of limitations measured differently for collection activity than it is for credit reports? I have heard conflicting opinions on whether or not making any type of payment "restarts the clock" regarding collections.


lrhall41

Submitted by on Tue, 09/29/2009 - 07:57

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The dept is unsecured credit card. The statue of limitations is 6 yrs and its has been 8 yrs. The question is can this new agency that purchased the dept legally/or have the right to post a brand new negative remark. If they can then disputing may be difficult. If legally the mark cannot exist due to statue of limitations then if something does get posted i will be able to remove it.

Does anyone know?


lrhall41

Submitted by on Tue, 09/29/2009 - 08:08

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