Re-aging a debt?
Date: Wed, 04/16/2008 - 17:11
That was on 01/23/08. They completed the investigation on 02/21/08. In January it had a date of delinquency
of 5/2006. When the investigation was complete, the date changed to 01/1999. On March 23rd, I got a small claims summons on this very debt. I called Trans-Union and they said the date of delinquency shows 05/2006 again.
Can the debt collector change the date to RE-AGE the debt? If they did, is that a major violation?
I would say that is a adamant YES. They change the date of last
I would say that is a adamant YES. They change the date of last activity to place in on your credit report. Then they corrected it to show 1/99. This would automatically place it in violation of the Fair Credit Reporting Act as the reporting period would have run out on 7/06. Then they reaged it again so it would stay on.
Also, chances are the SOL has run as well.
First if you could tell me what state you live in as well as what type of account this is I can look up the SOL guidelines for your state.
Already I can see about $8,000 in statutory damages, if it's out of SOL you can get the case thrown out too boot.
Also, you can subpoena the credit reporting agencies for their records to show where it was changed, then changed back. They must comply or you can motion to show cause, asking them why they disobeyed a court order. Subpoena Deus Tecum would sound about right for this situation.
Oh I know the SOL is 6 years. I have the copies of my credit rep
Oh I know the SOL is 6 years. I have the copies of my credit reports if that helps, or do I need certain records?
Demand they present statements that prove when the date of last
Demand they present statements that prove when the date of last payment was, when you answer this civil complaint if they have the date of last activity you will answer that the date of last activity was 1/99. Make them prove their case as the burden of proof falls upon them. However make sure you file that discovery motion to the credit reporting agencies to get proof of their willful violation of the FCRA.