Say you have been waiting to be out of SOL... Say you now know you are out of SOL because your credit reports have been listing, DOFD January 03 from OC and your state is 6 years. Say you now are being sued by a JDB for a debt that according to your credit reports is SOL. Say that now this JDB has put a tradeline on your credit report and you have disputed with cra, and the JDB is listing this OLD out of SOL debt with a NEW date of Jan 08 What to do? How does one PROVE they are out of SOL if the JDB now has re-aged the account? Is the proof the OLD credit reports? How does one prove tat the account that is out of SOL is the same one that the JDB is listing now owed? Woofer
Don't they have to list the oc and their account number,an old credit report would help?They would have to prove ownership,paper work etc.
You need to get a report from the credit bureau that lists the reported DOFD not the date the CA/JDB opened the account. If the DOFD is from '03, the account can be listed on your report until '10 whether they can collect on it or not. Re-aging would be if they changed the DOFD.
If there is now a lawsuit, the statements in your credit report made by the CA are not really where the action is. Who cares what they said? They can say anything. What matters is proof. What they'll do is assert some claims and if you don't respond, they'll win. That is what usually happens. Do you remember those people who wanted to get Obama (or McCain) tossed out of the election, so they sued to see their birth certificates? Remember what happened, they didn't have standing. Just anyone can't sue you for a debt. Only those with standing can. If the JDB can't show that it has standing, it's case has a fatal flaw. So this gives a clue to one possible direction to go. The plaintiff must provide proof that it has standing. That proof should help you determine if the SOL is up or not. Since you are kind of thinking that maybe the SOL is up, they will, if this is true, be trying to provide proof that doesn't admit that the SOL is up. You probably will want to produce some sort of pressure to increase what they provide as proof. They won't like that at all.
Right now the OC is still on there,and the new JDB tradeline is on there, OC has it listed right date and that they sold or transferred and ZERO balance. JDB has it listed (just cam on last few months) with different account number,different amount OWED, account as OPEN and PAST DUE and owing 20K. Never got anything from this new JDB in mail, disputed this three times always comes back correct. Disputed account at different times as type, date opened, amount.. All came back as consumer disputes after resolution. I did DV the JDB when the tradeline didn ot come off, NOTHING BACK. I DO have all my old credit reports, as Ibelieve this is the ONLY way you really could prove that the debt is out of SOL. HOWEVER when the 7 years is up I want the OC tradeline off, and have a feeling the new JDB tradeline is going to re-age. Oh I have not been sued, yet...just preparing for such if it should happen. I have not wanted to make any waves, as wanted to make sure I was out of SOL. Of course they would have to prove it, but we know how these people work, they will say account had a payment, and make up a lot of t hings. At least that is what I have found in the past,and it is a lot of work to fight them, which I have and will if need to ,but really I thought I was done with all of this. Guess I will start thinking about suing them. I was going to let it go...
I agree with all you said. Haven't been sued by them as of yet, just that I like to be prepared. This JDB has a reputation of not playing well ; ) I went to court with them once before and won : ) Anyway, what I really want to do is get them OFF my credit reports but it has been a no go... Thanks much for the reply Woofer
Hopefully you've learned their game so next time you can do even better. I don't see why you want this now. You want your credit report to be bad as long as you have the executioner's ax over your head.
This is my last baddie, and except for the OC coming off in early 2010 I have all my baddies off now.Having this on my credit report (new JDB had my credit score go from 680 down to 645. I was seeing it go uo every month and was hoping I would have hit a 700 by now. Oh well. So what do you think I should do? Wait it out until next winter? Then when the OC comes off and the JDB one doesn't do something then? That's OK as I can wait it out as I need no more credit, nor a mortgage or a new vehicle. Woofer
Dumb Bob wouldn't make a move until he was sure that the SOL for suing was over. But he doesn't know about the SOL for reporting. The reason is, isn't it possible for the alleged debt to show up on the full report even later after it is dropped from the usual one? So the question then is, assuming that that is true, would it not make sense to find some way to dispute the item and not just let it fall off? Obviously there would need to be a good reason to dispute but if one existed, would this make sense? Dumb Bob doesn't know.
I am SURE that I am out of SOL now, but figure I have to make tie to do any suing on my own and until after taxt time, I have more than enough paperwork going on. AS for disputing it OFF I have tried this three times..One as to type of account (factoring) came back verified... Then one as to amount, they changed it to ZERO BALANCE, but then the next month it was back up to 20K, and then one as to OPEN (came back verified). Of course it should not be listing like this... I do believe I will have them on violations and have time to sue, just not now. What I did want to do is just get it off period and let it go, but it seems I am not going to be able to do this. In the next several months I will start an action against the JDB and I think as well the cra, but never have had to sue them before so will have to learn about that. Woofer
The SOL for suing may be short depending on what you are suing about. All they appear to have to do is send back "verified". It would be interesting to keep track of all the changes they make and then sue them asking how they can verify something as true in so many different ways. Won't it fall off on its own shortly? Good luck.
The credit report is admissible (the one with the OC reporting the correct date of last payment). Toss that out as an Exhibit for a JMOL and you should win.
I have kept all of my credit reports going back about 7 years now, and every month since this JDB put a trade line on and keeps changing what they supply. This is why I posted my question really, as if someone did not keep all their records well it is just he said she said and we do KNOW that JDB make up things and those affidavits well...Never have been able to find the person in the flesh that signed any! Woofer
They more than likely find a homeless person and give them 25 bucks to sign it then they disappear into their world.They rarely use their real names.The TV station in buffalo NY did a segment on these companies.They admitted they break the law all the time,as soon as they find out that you know you rights they sell you off.
The JDB business thrives on intimidation and ignorance of the law. I cringe everytime I read of someone paying off a 10 year old debt. You're getting worked up over nothing which is exactly what they want. I had a call from a creditor not too long ago about an out of SOL debt. I said, this is outside of the SOL, you had four years to make a case against me and didn't, I have no intention of every paying so much as a penny to you, don't ever call me again. The sword swings both ways. I beat five creditors and a long string of collections agencies to the tune of $160,000, all out of the SOL now and on my way to 800+ credit in less than two years.
