Wednesday, July 14, 2010

What date is used for SOL?

I had a debt on my credit report that has now fallen off. According to an old credit report the "Date Closed" for that debt was 05/2001. Throughout the years I have had calls from the company but it has only been recordings which I just have avoided. My question is: what date is used to determine the statue of limitations for this debt? I live in MI so I know the SOL is 6 yrs. Now that the debt is no longer on my report what can a law office or collection agency do legally about this debt? Also, can they put the debt back on my report and if so for how long? I also have noticed that on that old report the "Date Updated" for this debt was 7/2005; what was possibly updated and do they do that so they can use that later date?

What date is used for SOL?
The date closed is not the date it starts. The starting date would be the date you actually were behind and never caught up the account. So if on 02/15/01 your payment was considered late and in March they sent you a late notice, April you still haven't caught up and you get a late notice and then finally in May they close the account because you haven't caught up then the day SOL starts counting from is 02/15/01. If the account is past SOL then you cannot be sued for the debt. Collection agencies can still call you so when that happens simply send them a cease and desist letter by CMRRR (certified mail return receipt required). And no they can't re-age the account. As long as you didn't ever bring the account current they can't re-age it. Withing 30 days of their calling you they must mail you a letter explaining they are a debt collector and give you 30 days to ask for validation. If you did get a letter simply send one back with a copy of the letter that says "Validate this account" Don't sign it....simply hand write your name. Signature's seem to magically appear on other papers with unscrupulous collectors. If it is on your credit report send them a letter stating it has been re-aged and is past SOL.
Reply:They cannot legally put this debt back on your credit reports. Although it is illegal, some unscrupulous collection agencies have been known to re-age debts. If that ever happens, dispute it with the credit bureaus to have it removed.





As for collection. A collection agency can attempt to collect on an old debt forever relying on your ignorance of the law. If that happens, send the collection agency a letter stating that you are aware that the SOL has expired and that you no longer have a legal obligation to pay the debt. Send the letter by certified mail and keep copies for your records.





Hope this helps

dentures

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