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Bluesie58

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  1. They could sue, but if you raise the statute of limitations as an affirmative defense, they would not be successful. In addition, you’d have a violation of the FDCPA for filing suit on a time-barred debt.
  2. Actually, they were required to send you any documentation. Finding an entry on a credit report is not an initial communication that triggers a consumer’s right to demand validation under the Fair Debt Collection Practices Act. In addition, the Fair Credit Reporting Act does not require documentation be sent to a consumer in response to a dispute.
  3. @CreditSucksNot @BrokeBob Not every court has ruled that a debt collector must inform consumers of the time-barred status of a debt. Here is a ruling from the 9th Circuit Court of Appeals. Woodward v. Collection Consultants of California (9th Circuit, 2020) “Here, CCOC's letter provides an offer to ‘resolve’ Woodward's past-due accounts without mentioning that the statute of limitations has expired, but it is not misleading or deceptive in any way, and it complies with all legal requirements.” It could all depend upon the language in the letter. From Buchanan v. Northland Group, (6th Circuit Court of Appeals, 2015): ”When a [collection] letter creates confusion about a creditor's right to sue, that is illegal.” The 6th Circuit didn’t like the word “settlement” because that word implies that a debt is enforceable in court. Notice that the letter in the 9th Circuit ruling used the word “resolve”. We don’t know where the OP is located or what was written in the letter.
  4. In addition to the advice given by @centex, you can send validation letters, and the debt collectors might respond. However, unless the requests are being sent within 30 days of the initial communications, the collection agencies are not required to respond and can still report.
  5. Unless you have a specific dispute, why not just “cease and desist all communications”? That serves the purpose. Anything else is a waste. You don’t to need inform them about the SOL. They already told you it’s time-barred. They are allowed to sell the account if they choose to do so. Telling them not to won’t stop them.
  6. How does disputing a debt say “this is my debt, and I’m willing to pay”?
  7. You can ignore it or send a cease and desist communication demand (C & D) Once they receive a C & D, they can only contact you just once more to tell you they are closing their file or taking legal action, but they cannot demand payment. They won’t tell you they’ll be taking legal action unless they are incredibly stupid.
  8. I would guess that is when the SOL clock for collection in FL would begin. Technically, the 7-year reporting period begins 180 days after the default that leads to charge off.
  9. Did you make any payments after you defaulted? Note that the SOL for collection has nothing to do with the reporting period.
  10. The 7-year reporting period is based upon the date of first delinquency. That has nothing to do with a CO being reported every month. 15 U.S.C 1681c(c) (c)Running of reporting period (1)In general The 7-year period referred to in paragraphs (4) and (6) of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.
  11. You really don’t need to quote the FDCPA or even mention it. I pt doesn’t make a consumer appear to be more informed or knowledgeable. It’s the debt collector’s responsibility to know the law. If he doesn’t know the law and violates it, that’s his problem.
  12. Just because debt collection efforts must cease doesn’t mean interest can’t be added to a balance.
  13. That is period of time a derogatory entry remains on your credit report. It begins 180 days after the date of first delinquency. That is the date you defaulted, never brought the account back to a current status, and led to a charge-off. The derogatory entry remains for 7-years (plus the 180 days) and then is deleted from your report.
  14. You can dispute anything, but whether or not you should do so is a different story. Disputes should be based upon inaccurate information. If any item of information such as the balance, date of first delinquency, late payments, etc. is not correct, after receiving a dispute from the CRAs, the furnisher must either verify the information with the CRAs (that it’s correct), correct the information if it is wrong, or remove it. This does not mean the entire entry will be removed. In the event a furnisher does not respond to the CRAs within the required time period, only the disputed information will be removed. Again, it does mean the entire entry is removed.
  15. Credit reporting agencies cannot legally replace an original date of default with the date of settlement. The FCRA states the following for derogatory accounts. §1681c(c)(1) (c)Running of reporting period (1)In general The 7-year period referred to in paragraphs (4) and (6) of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action. The above states that the date of a “delinquency” determines the 7-year reporting period. A settlement is not a delinquency. In regard to a JDB selling a remaining balance after a settlement, a written settlement agreement indicating that nothing more is owed would solve that problem.

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