What is the definition of last activity?

Answer 1

You can see the actual wording of the code at this site. It boils down to 7 years from the first day the account was placed for collection for the last delinquent payment. Sound confusing? Say you paid Jan 1, 1997 and didn't pay for 4 months. The account went into collection. You paid on May 1, 1997 and then never made another payment. If the account went into collection on June 1 1997, that's where the clock starts ticking. Even if the creditor sells the debt, the clock still ticks from the June 1 date. As long as you have not made a payment, the date stays the same. I still have one outstanding question. Say you made a payment on Oct 1, 1997. The account was still in collection because you were still delinquent. Does that restart the clock 180 days after Oct 1? The answer depends on whether the account achieved collection/charged off status prior to the additional payment. Once an account becomes a collection account, its' status changes. The standard amount of time for this is 180 days, but certain factors may shorten or lengthen that period. Once the account becomes a collection/charge off, the complete balance is due in full. The consumer no longer has any rights to make payments, and the original amortization terms no longer apply. The FCRA 15 USC 1681c Section 605(c)(1) states that: "The 7 year period...shall begin...upon the expiration of the 180 day period BEGINNING ON THE DATE OF THE COMMENCEMENT of the delinquency, which immediately preceeded the collection activity, charge to profit and loss, or similar action." So, once the account becomes a collection, or charge off, nothing can legally restart or change the DLA. If however, the consumer makes an additional payment prior to the account becoming a collection or charge off, then that month/year is established as the correct DLA.