about 10 years ago I used ICS services to remove some bad ( unpaid ) debts from my credit report, this one ( home depot ) was removed for several years, and I haven't pulled a new report in the last 4 years to see if it still shows...but I'm starting to get phone calls and letters from Portfolio Recovery Assoc in ref to that account....given the 7 year limit since the debt was removed from my credit report, is this valid or a case of reageing ?? can anytime a new recovery company purchases the debt be recorded as bad ? I have not spoken to or had any contact with any creditor for the last almost 9 years, figuring most of the stuff would drop off my reports, where should I go from here.... also getting calls on Sunday of all days from Municipal Services Bureau....anyone know what companies they represent ??......I have been free of calls from creditors for almost 3 years now they are starting all over ?? thanks
Then ICS services didn't really do you a good job then did they? If they had done a good job you would have ended up with a written agreement you could take back to federal court and nailed whoever you signed the agreement with when this happened now. As it is you have to start all over again to get the job done right this time. I'd say that it is definitely a case of illegal re-aging of the debt. But that's probably the least of your worries. The next question is when they will sue you if you don't pay their demands. They can sue you regardless of any statute of limitations but you must also be aware that the state statute of limitations is what applies if they sue you, not the 7 year reporting statute of limitations and the state statute depends on what state you live in. Even if it is well beyond all statutes of limitations and they sued you would have to respond properly to the summons and complaint or they could get a judgment and then you are stuck with paying it. They are probably counting on your being ignorant of those things. I sure wish some fool debt collector would pull a trick on me like that. I'd throw both the debt collector and the lawyer under the proverbial bus and watch them come out the back end wondering what hit them. (LOL) Not after the SOL is over. It all starts with a good debt validation letter that is short, sweet and to the point. No, maybe some old traffic ticket or something comes to mind due to the name Well, then you need to learn how to deal with them on the phone. My list of 18questions to ask debt collectors every time they call will do nicely. Just click on my google docs link below and start looking for the 18 questions to ask debt collectors.
thanks for the tips, ICR had a class action suit against them 8-9 years ago ??, for what I can remember all I know is it did remove some bad debts from my credit report, like it said it was going to, I've just started to read and research now in another thread I asked about not having any contact with any bureaus or creditors in almost 8-9 years now, the last time I tried to get an experian report they wanted to verify about 15 items, ssn, address, phone numbers, underwear size etc, I complied but they said I would still have to verify more info to get the actual report, I think they stated fraud protection or some other crap, I used the address of a friend ( as I was staying there part time ) and about 20 days after trying to get a report he said his mailbox was filling with letters from creditors, so I chose to hide out and not worry about the report.....right now I still really don't care much about my credit, I haven't worked in 16 months, my wife and I are having issues...all I have are things that are paid for and cash in my pocket, and a little money in checking I was thinking if I had to go and rent an apartment and they were to check my credit and not lease to me cause it was still really bad, I'm just ignorant and thought it would all fall off after 7 years ? anyone know where I can find out the SOL in Florida ?? are there companies ( legit ) that will do all this for a fee ?? if so how much does it typically cost, I might be in a position soon where I need to address this thanks
Statute of limitations for most debts in Florida is 5 years. That has nothing to do with the SOL for reporting by credit bureaus which is 7 years 6 mos. You can find the rest of the information you are requesting by clicking on my google docs link below.
Darn! You were right! One of the most famous pages on the internet and I didn't have a link to it on my Google Docs. Well, I do now. I put it right at the top of the page because after all, the whole process starts right there, with those initial phone calls.
Don't confuse several things here. Just because they're calling doesn't necessarily mean they've put it on your credit report. Reaging would be if they put it on your report and made it look like it's a current debt. Also, the SOL in most states does not mean that they still can't try to collect. What it means is that if they sue you, you can go to court and raise the affirmative defense that it is past the SOL. You need to get copies of your reports before you really know if they have done anything illegal. If they haven't reported anything but are just calling you, in most states they have not violated the law. However, you may not have any obligation to pay them anything, either.