over my head

FYI....divorce decrees are moot when it comes to your creditors. Howevers name is on the dotted line of the cardholder agreement/prom note is who they are going to pursue.

When an account is passed to a new agency, any payment plan or settlement offers that have not been acted upon are gone. If they are able to validate it, you are not going to be able to get rid of it....the payments being made have been resetting the SOL.

Understood. I owe it but I just need options to get it finally off my credit. Or so I thought. Funny thing is that the original cc company still has this on my credit as being charged off with notes stating it was sold or purchased by someone else. On my credit report it says this Charge off is scheduled to fall off my report in August of this year (2011). Since it is still on there can I request it be removed?

On top of that, the collection agency that purchased it never reported to the big 3. It's nowhere to be found!!! Which I'm purfectly pleased with right now. I'm sure that once I make a deal it will pop up.

How do people get to the point of SOL? It seems the CA's are always on top of it, calling or mailing something. But perhaps they work harder depending on the balance.

Other than only paying the $100/mo until I die, is there anything that I can do?? I've thought about filing bankruptcy, but I am making my bills. I have no savings, but I'm making my bills. I just don't know what to say to these people that will not put me in a bind, but will allow a deal to be worked out. Any thoughts?

Interesting.

I would have the credit bureaus remove the listing from the original creditor.

Since none of your previous payments (to the last CA) show on your report, you may be able to get out of this.

SOL in FL is 4 years. This is beyond that point.

I see 2 options:

1. Send validation of debt request and see if they can validate. If they can't send a C&D.

2. You may also be able to just send a C&D, since this is a new CA contacting you regarding a debt that's past SOL.

:DThis forum really helps dumb people like me (just kidding, I'm not really dumb just wasn't thinking about what I was getting myself into.)

I SO appreciate the help and advice that everyone has supplied. You have no idea how great this forum is to people like me and all the other posts that I have read and thought Wow, that's a tough situation.... but someone always chimes in with some great educated advise.

Thank you so much!!

If it is past SOL, I would be sending a FOAD letter....F off and die! Dispute the tradeline with the CRA's.

Hmmmmm...... I'm not finding a template for the FOAD letter.... hahaha,
just kidding.

Thanks,
I've also found some really great help on debtorboards.com
Turns out Florida has some interesting laws and I need to protect my rights & keep my butt out of court.

Gonna try a couple of things and see what happens.

thanks to everyone for your help!!

Due to the age of debt, I would clearly determine two dates:
1. When does the SOL expire, and
2. When does the CR inclusion period expire?

The expiration of SOL determines how long you are legally obligated to pay anything on the remaining debt, while the CR exclusion period determines when the collection must cease to be included in your CR.

The important date in both of those determinations is the date of your first delinquency (DOFD) on the OC account. Do you know the DOFD on the account?

With respect to the CR exclusion period, the DOFD is definative. It is one, single, date-certain which defines the running of the period of 7 years plus 180 days from the DOFD after which the collection must cease to be included in your CR. Period. Your prior payments have zero effect on exclusion of the collection from your CR.

With respect to continued legal obligation for the debt, that varies under your state civil code defining the expiration of the statute of limitations on credit card debt. State SOL statutes almost universally define the running of the SOL from the same date as determines your DOFD. However, unlike the CR exclusion statute under the FCRA, that date is not necessarity caste in stone. Many state SOL statutes provide for reset of the SOL based on payments or firm offers to pay.

Determine your DOFD and check out your state SOL statute. From those, calculate the expiration of each of those two periods.
Based on those, you can then make a determination of appropriate action or inaction on your part.