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Old repair bill from Landloard

Submitted by Ccoleman2012 on Wed, 06/03/2020 - 18:30

Without getting into to much detail. My Ex wife and I divorced in May of 2010 and I left NY to live in MD. We lived in a rental in both names and i left the house first. Fast forward May of 2020 I just got a collection notice for $3900 for "repairs" from a collection agency. 10 years later? What should I do? My current wife said to ignore it that it's way past the SOL (6 years on NY and 3 in MD). Shes usually right but anything that has anything to do with my ex always turns into a disaster and both of our names are on the notice. Her credit is Dog S*** and Ive managed to repair mine since the divorce to a 724. they are threatening to put it on my credit report and drop my score up to 137 points? It just says "repairs" and nothing else. The name of the company, the letter head and some of the Typing doesn't seem legit and there was an extra paper in the notice that almost looks like a scare tactic to get me to contact them. How do I handle this?

What your present wife has said is correct. Absolutely correct. The SOL period has passed. So, they can't sue you or garnish your wage. This much is sure. As far as credit report is concerned, they are looking for an opportunity so that you acknowledge the debt, so that they restart the SOL clock and report it on your credit report. Don't fall into that trap. Okay. Just ignore the letters and the calls. You'll be fine. They can't hurt your credit score.

Submitted by David Martin on Thu, 06/04/2020 - 21:33

David Martin

( Posts: 394 | Credits: 3933 )

The debt cannot be reported again even if you were to make a payment. The 7-year reporting period is based upon the date of the delinquency (date of first delinquency) that led to collection or charge off. See 15 U.S. Code 1681c(c). The only way that date of first delinquency could change is if an account is brought back to a current status and then default occurs again.

Once an account has been closed/charged off, it cannot be brought back to a current status. Because a payment cannot bring it back to a current status, it cannot once again go into default. Therefore, the original date of first delinquency will remain the same.

However, as others have stated, it appears the account is outside the statute of limitations for legal action to collect the debt. As suggested, I would ignore it.

Submitted by vntrsc on Sat, 06/13/2020 - 08:44


( Posts: 18 | Credits: )