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I had something negative on my credit report over 8 years ago. A balance was still owed according to them. Since I did a credit check a month ago these people have been calling me about the past balance due from 8 years ago. I told them I wasn't going to pay it since it wasn't my fault and they said then they will put it back on my credit report. Can they do this? It's been 8 years and it was over a vehicle.

2006-11-21 10:32:26 · 7 answers · asked by pinkprincess 2 in Business & Finance Credit

7 answers

It depends on the date of last activity and the statute in your state.

Here are two articles you should read:


Junk debt buyers!!!
http://www.expert-credit-advice.com/junk_debt.htm

Statute of limitations debt can be collected:
http://www.expert-credit-advice.com/statute_of_limitations.htm

2006-11-21 10:50:09 · answer #1 · answered by Anonymous · 0 0

No they can't. After 7 years, they cannot report it on your credit report. That is any state. Some people seem to believe the time limits on how long creditors can report is state determined. This is not so. It is 7 years in every state for collections, charge offs and repo's. 10 years for bankruptcies. It is the same in all states.

These people can still sue you for the money you owe them, but
they can't report it to the credit bureaus UNLESS you try to start making payments to them for the amount you owe.Then, it starts all over again, just like it is a new debt. Don't pay them anything. They have long since, written your debt off.If by some chance they are stupid enough to try to report the account to the credit bureaus, just dispute it and the bureaus will remove it.

2006-11-21 12:16:41 · answer #2 · answered by kelly h 3 · 1 0

No they can not!

The link below is to the Fair Credit Reporting Act. Go to Section 605(c)(1), and you will see that it clearly states that negative reports can not be on your credit history for more then 7 years, starting from the date of the last delinquency.

Lets go fishing!

Contact the collection agency and ask them to send you a letter confirming what they just said. If they are foolish enough to put this into writing, you can sue them in court for violating the Fair Debt Collections Act. If they post this to your account, you can also sue them.

But your best bet is to first verify that this debt is outside of the Statute of Limitations. Car loans are considered written contracts and in a few states the SOL can be over 8 years. They could still have the ability to sue you for the debt.

If you are over the date, send the collection agency a cease and desist letter, and they will stop bothering you.

2006-11-21 11:42:10 · answer #3 · answered by Anonymous · 1 0

I think Studly is right most of the time, but on this I think he's wrong. I was told if you owe something you never really get away from it. I was told an account can be transferred from one agency to another. Each time it's given to another agency it's considered a new account. Then there are some collection agencies that buy these bad debts, and that's another account because you no longer owe the money to the original creditor. Negative accounts can onlyy be on your credit report for 7 years, but when it's transferred to another company the 7 years can start over. I had a bad credit card once, it was onl my credit report from the card company and 3 collection agencies it'd been transferred to. I had the same account on my report 4 times, different account numbers same amounts. The bureaus told me it could be done.

2006-11-21 17:31:26 · answer #4 · answered by NETTA M 3 · 0 1

No, they can not legally re-age the debt. If the statue of limitations has not expired in your state, then they can sue you, but they cannot legally put the item back on your credit report. There are fines. Please see the link below for statue of limitations and the law they are breaking by re-agin your debt. Good luck and don't let them push you around.

2006-11-21 13:57:17 · answer #5 · answered by Mariposa 7 · 0 0

CONTEST IT TO CREDIT BUREAU.
IT SHOULD BE REMOVED.

2006-11-21 10:36:25 · answer #6 · answered by cork 7 · 0 1

they can, I believe its up to 10.
--------------------------------------------------------------
http://www.bestcreditrates.net/

2006-11-21 10:37:22 · answer #7 · answered by Anonymous · 0 1

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