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? on SOL & credit report - Please help

Submitted by on Wed, 07/05/2006 - 12:23
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I have quite a few negative items on my credit report. Most of these items are actually my ex-husband's debt - he opened several credit cards and well as a 2nd mortgage (on property that was only in his name) in both our names (had his girlfriend "sign" my name without my knowledge) and I didn't find out about this until we were already divorced, so none of this was addressed in our divorce decree. He didn't pay any of these debts and he declared bankruptcy about 3 years after we divorced. Unfortunately these items are still on my credit report, with some of them showing charged off in bankruptcy. Meanwhile, I have never filed bankruptcy, and I have tried to pay my bills on time, and am trying to rebuild my credit.

I have tried to dispute these accounts with the credit bureaus and with the creditors listed on my credit report, but they refuse to take them off. The credit burueas show them as disputed for a few weeks, then send a letter saying that they have validated the debt and it is a legitimate debt. They have never provided me with any proof that the debt is mine, and I am not getting collection calls on any of these things at this time. When I contacted the creditor on one of the accounts showing as charged off in bankruptcy, the creditor notified me that the account belonged to (ex-husbands name) but would not remove it from my credit report!

I am at a loss as to how to get some of these things off of my report. Most of these accounts were opened in the mid 90s (1994- 1997) and I believe that the last activity on most of them is around 1999 - 2001.
From my research, I've found that the SOL for Pennsylvania is 4 years. Can I send the credit bureaus a letter requesting (demanding?) that they remove any negative information that is beyond that 4 year SOL? Are they required to do this? Since I just disputed most of these over the last year, I don't know why they wouldn't have removed them on my dispute if they are over the SOL. Is there any point in mentioning again that these are not my accounts?

What about credit card accounts that show up on the credit report under several different names? For example, ex-husbands Sears account shows up, then the account was sold off to Collection Agency #1 and shows up under their name, then was sold to Collection Agency #2 and then #3 and therefore shows up 4 times on the CR. Can anything be done about that?

Would it do any good to request that the debt be validated for any of these items that show as a collection agency account, or does that have to be done only in response to an attempt to collect a debt? If they cannot validate debt, can I make them remove the redundant items from my report?

Any help or advise is greatly appreciated!


Jeez, I am sorry to hear about your situation. Most items in your credit file should not stay during this time. As per the FCRA laws, negative information should be reported in the credit file for a period of seven years only. If the CRA is reporting an item that is older than 7 years, it needs to be taken off. You must dispute the item and request for results of the investigation.

Since the accounts were jointly signed with your ex and he has filed for bankruptcy, your credit file also gets hurt because of this action. Though, you are not legally required to pay these debts if it is past the SOL period.

The thing that comes first in my mind is to place those items on dispute that are over 7 years period. Those items must not appear in your credit report now. Compare this credit report with the copies of the other two bureaus also and see how the reporting has been done.

You need to stick hard with this because your credit potential is getting affected. Besides, the redundant collection entries must also not stay in your file. Only that CA having the legitimate purpose (your account details) must stay in your file. Not all!! Check out these collection inquiries if they had a genuine cause to hit your file. The incorrect entries should be removed from your file. Ask the collection agencies to validate the debt. If they can't give you the account details, they have no purpose to hit your credit file. The item needs to be removed from your file.


Submitted by Justme on Wed, 07/05/2006 - 12:56

Justme

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