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Can a collection agency keep the debt alive on your credit?

Date: Mon, 04/07/2008 - 14:33

Submitted by anonymous
on Mon, 04/07/2008 - 14:33

Posts: 202330 Credits: [Donate]

Total Replies: 4


I had an old - over 7 year debt pop up from a collections agency and am wondering if they can keep reporting month after month keeping it alive even though it's so old?


The simple answer is no. A debt can only be reported for a period of 7 years or so, and if the debt is older than that, you should check for re-aging. Check on the report to see what the dates are that they reported on the debt--"account opened" and such. you might find that there is a more recent date there, this is known as reaging the debt, and is quite illegal. If the correct date is there, showing the debt to be over 7 years old, then simply contact the credit bureau and inform them that their report for you contains a debt that is past the reporting age, and therefore must be removed in accordance with the FCRA. They should give you no problem in removing it.


lrhall41

Submitted by skydivr7673 on Mon, 04/07/2008 - 14:38

( Posts: 2036 | Credits: )


Actually 7 years +180 days. That is for the original creditor, all trade lines reported by collection agencies are tied to it. Once the original creditor's trade line expires then all associated trade lines must be removed as well. They cannot be legally reinserted for any reason, even if a new CA purchases the debt.


lrhall41

Submitted by JCEMT on Mon, 04/07/2008 - 17:45

( Posts: 2934 | Credits: )


Thanks for all of the information! I spoke with Asset Acceptance and the debt is from 1993 for 526.00 for a gym club membership. I laugh because I am not and never have been a gym person...it isn't funny in reality and has never shown up on my credit until now. This site is wonderful - I am motivated to fight this.


lrhall41

Submitted by on Mon, 04/07/2008 - 19:13

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When a CA reports, the "open" date is actually the date it was placed for collection; so that field is and will be different than the original creditor's.

However as JCEMT says, the 7 1/2 year timeframe for the CA to report is tied to the DOFD associated with the original creditor. So no matter what the CA reports as the open date, that account can only be reported for 7 1/2 years from the time that account first became delinquent with the original creditor.


lrhall41

Submitted by DebtCruncher on Mon, 04/07/2008 - 19:18

( Posts: 2293 | Credits: )