Wednesday, October 28, 2009

Does the SoL for credit card debt apply to your date of delinquency or your last payment?

I have a credit card debt that has been delinquent for over 10 years that I think has %26quot;expired%26quot; per the SoL. Does the SoL apply to when you become delinquent or when you stop paying. I made payments off and on until about a year ago so am I still covered? I know they can still attempt to collect but can they still report on my credit? In fact they are on my credit report twice, once as the original debt and once as the collection agency that bought the debt. How do I get it removed?



Does the SoL for credit card debt apply to your date of delinquency or your last payment?

I agree with Slimick about the reporting period.



If the card account became delinquent and %26quot;charged off%26quot; 10 years ago, the creditor and the collector had violated your rights and is continuing to violate by reaging and continued reporting on your reports.



But as far as resetting the collecting SOL, that definitately depends on your states statutes.



Once the account is charged off:



In some states, once it%26#039;s charged off %26quot;no%26quot; payment made can reset the collecting SOL.



In some states, a promise to pay %26quot;in writing%26quot; or a new written contract to pay can reset the SOL.



In some states, a payment made in written form (check, etc) can reset the collecting SOL.



If your state does not allow the SOL to be reset, then your collecting SOL would start on either the first time you became 30 days late and never brought the account current leading to the charge off.



Or



From the last charge or payment made on the account before it was charged off.



Does the SoL for credit card debt apply to your date of delinquency or your last payment?

The SOL can be reset by making payments...so in this case the date of your last payment....The seven year reporting cycle for being reported on your credit report cannot be reset though...it starts at the original date of delinquency....It sounds like they cannot report it from the info you furnished....



Does the SoL for credit card debt apply to your date of delinquency or your last payment?

Both the previous answers came from well informed people who know what they are talking about. If this debt has been deliquent for 10 years and they are still listing it on your credit report, they are violating the FCRA. You need to dispute that listing as %26quot;obsolete%26quot; immediately.



Does the SoL for credit card debt apply to your date of delinquency or your last payment?

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