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Is it legal to relist a 12 year old debt once it has fallen off of your report?
Wiki User
∙ 8y ago
The Fair Credit Reporting Act states that "...the statute of limitations...shall begin upon...the expiration of the 180-day period beginning on the date of commencement of delinquency which immediately preceeded the collection activity..."
It further states that "...paragraph (1) shall apply only to items of information added to the file of a consumer on or after the date that is 455 days after September 30, 1996."
Check out this website for more specific information that may help you dispute the reappearance of this item: www.fair-credit-reporting.com/credit-reporting-periods.HTML
If they have continued to send a monthly statement, then yes it is legal. If they have not sent a monthly statement write to where your credit report came from and they will remove it.
No, it is not legal. As a basic rule, 7 years is the statute of limitations (from the date last of last activity, unless the tradeline is a collection or P&L or repossession, in which case it is 7 years from the date of original delinquincy). Hope this helps!
Wiki User
∙ 8y ago
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If a debt on your credit report says 'bad debt write off ' can the creditor still sue you or collect the money?
= If your credit report reports that you have a bad debt write-off, then it means that the original creditor has written off the debt, but they can still sell the rights to the debt to a collection agency and they can contact you and take legal action.
Can a debt collector report to a CRA a debt which was never reported by the original creditor of the debt?
The answer to your question is Yes, they can report a debt that was never origionally reported to the CRAs. This is most common with medical expenses. You may have an outstanding debt to a doctor's office for example, and though Doctors do not typically report debts to a CRA, if they sell your outstanding debt to a collection agency, they absolutly have the right to report it to your credit report. So, in a word, yes, it is legal, and is actually quite common. Hope this helps! In fact it is against the Fair Debt Collection Practices Act for a medical debt to be reported to the credit agency, but it doesn't apply if they sell the debt to a third party collection agency. Nice way for them to get around that.
Can a collection agency make inquiries on your credit report before placing it's debt?
== == Collection agencies do not have the legal right to pull your credit report unless you gave them permission.
Can you be sued for a debt that does not appear on your credit report?
Yes, the credit report has no bearing on whether a debt is valid and subject to litigation.
What if a creditor is not on your credit report but trying to collect a debt?
You must pay all of your legitimate debts. A creditor is not required to report a debt to a credit bureau in order to collect the debt you owe.
How do small businesses report clients to the credit bureau?
Consult with a debt collector. They have the legal qualifications to report to credit reporting agencies.
If a debt on your credit report says 'bad debt write off ' can the creditor still sue you or collect the money?
= If your credit report reports that you have a bad debt write-off, then it means that the original creditor has written off the debt, but they can still sell the rights to the debt to a collection agency and they can contact you and take legal action.
Is it legal for a repossession to appear twice on your credit report?
IT IS NOT ILEGAL FOR ANYONE TO HAVE A DEBT SHOW UP TWICE ON THEIR CREDIT REPORT. THE BEST THING TO DO IS CALL THE CREDITOR OR COLLECTION AGENCY THAT THIS DEBT IS UNDER AND HAVE THEM REMOVE THE EXTRA INFORMATION OFF OF YOUR CREDIT REPORT. ASK THEM TO REPORT IT TO THE BUREAUS IN ORDER FOR THIS TO BE RESOLVED.
Is it legal for a debt collector to refuse to respond to me and if so can they report my debt and lower my credit score if they won't disclose my debt information.?
No, a debt collector must legally tell you what kind of debt you owe and how much debt you owe. You can consult an attorney for more details.
Can a debt collector report to a CRA a debt which was never reported by the original creditor of the debt?
The answer to your question is Yes, they can report a debt that was never origionally reported to the CRAs. This is most common with medical expenses. You may have an outstanding debt to a doctor's office for example, and though Doctors do not typically report debts to a CRA, if they sell your outstanding debt to a collection agency, they absolutly have the right to report it to your credit report. So, in a word, yes, it is legal, and is actually quite common. Hope this helps! In fact it is against the Fair Debt Collection Practices Act for a medical debt to be reported to the credit agency, but it doesn't apply if they sell the debt to a third party collection agency. Nice way for them to get around that.
Can a collection agency make inquiries on your credit report before placing it's debt?
== == Collection agencies do not have the legal right to pull your credit report unless you gave them permission.
Is a bad debt erased after 7 years?
No it is NOT! You have to get your credit report to see when the creditor last updated their report to the credit reporting agency. If the creditor chooses to report this bad debt every month than your bad debt will only be erased from the last update. For example: You have a bad debt from a Sears credit card from Jan of 2010. Each month Sears has reported your bad debt to Trans Union or one of the other agencies. The new date is from the last time they updated your credit report NOT from Jan of 2010. They can update it every month for the next 20 years and it will stay as a bad debt and ruin your credit report score. Legal to do it too.
What legal right does a collection agency have to collect a debt after 7 years if the debt is no longer on your credit report?
The debt being dropped from the credit report has no bearing on the collector's rights to pursue recovery of monies owed. The creditor/collector can contact the debtor seeking payment for as long as they choose. Also, state SOL's for debt(s) apply only to lawsuits, not collection procedures.
Can you be sued for a debt that does not appear on your credit report?
Yes, the credit report has no bearing on whether a debt is valid and subject to litigation.
Can a law firm that you owe money to pull your credit report without authorization?
Any business that you have dealings with can "Pull" a credit report. I would think that they would do so before allowing you to get into debt. But if they do it after it is still legal.
If you have old debt from another country and a collection agency in the US is trying to collect can they report the debt on your US credit report?
It is possible.
Is it legal for an original creditor and a collection agency to have a listing each on the same account?
It is legal for this to occur, just as long as the original creditor updates their tradeline showing the account has been "transferred or sold" and the balance is updated to "0". What is NOT legal is for a collection company to place a debt on your credit report that is just about to reach it's statute of limitations for the purpose of keeping it on your credit report beyond the 7 year statute ("resetting the clock" so-to-speak). In other words, even if the debt is transferred to 6 different companies and they each report a trade line to your credit report, once the 7 year statute has expired, the bureaus must remove all tradelines from your history regarding the debt. I hope this is of some assistance!
