Re: I'm getting closer... What sate do you live in? I will look it up for your. I tested the link and it works fine. Perhaps you have an outdated browser. The link is at http://www.cardreport.com. Click on credit laws. Then click on "Statute of limitations for each state". First lets see what the SOL situation is before we go any further. I sense that you do not want to fight this. If that is the case, then maybe you just live with it.
Re: I'm getting closer... I know that it is a Federal Law, but I can't find it exactly. I am pretty sure that most states have their own version, but since I don't know what state he's in, I can't help him. I always like to quote the law when I send a letter. Makes 'em think twice about trying to pull the wool. The CRAs should know that it's the law, but we all know how CRAs can be.
Re: I'm getting closer... OK I am re-reading all that was written here to make sure I'm understanding it all. One thing I don't quite follow is the importance of a "judgment" and "statute of limitations". Is that an SOL from the time of the Judgment? What would this judgment be ruling? It's one that the creditor initiates in court? if so, what incentive do they have to take that route? I am now living in New Jersey by the way. I was able to connect to that site finally and see that for NJ the SOL is 6 yrs pretty much across the board. I lived in California when this happened, and the crimes were done in Illinois. I wouldn't say that I "don't want to fight this". I actually do want to take some action to clear this up. My goal is to get these things cleared from my credit report, and that's what it's all about. If I can get there by fighting, I'll fight. If I get there by avoiding the fight, then I'd do that. What I dont' want to do is have this become a bigger mess than it is already. I mean, if I do the supposedly "right thing" and report all the fraud, go after the perpetrator and attempt to work with the CRA's and creditors to clean this up, and the result is that I have one creditor fighting with all they've got to keep a $150,000 debt on my report, well then that is much worse than sitting tight while that $150,000 disappears off my report on its own in a few years. If I could expect to get that debt REMOVED from my record by taking action, then heck yeah I would do that in a second. The problem is that I am not convinced that that's what would happen. My great fear is that I'll do irrevocable greater damage to my credit by taking action. If I cleared off the bankruptcy, and know those debts (now unwrapped from the bankruptcy) would go off my report after 7 yrs simply because their time had expired, well, then I would know I have nothing to lose by fighting it--because with or without the bankruptcy it goes away in a few yrs. But on that one, what I've heard from a few sources is that this wouldn't happen, that they'd get renewed by collection agencies. Whether thats legal or not, if they DO it and it still shows on my report, well, it's a big problem. I think I want to avoid situations where I'll need to go to litigation to get my rights respected. I'm going to try talking to someone at these groups, see what happens: www.privacyrights.org and www.idtheftcenter.org Again, thanks.....! ps: sorry I was out of town a few days there, so didn't have a chance to respond.
Re: I'm getting closer... OK, There are acutely two types of SOL time periods. One effects how long the owner of a debt has to get a judgment. This is what we are concerned with here. The other SOL regards how long the debt owner has to try to collect if they got a judgment. As to what state to use for the SOL, I would call a Attorney. The way I would think of it is that the SOL should be from the state where the contract was signed which is IL (SOL 5 years), except that you lived in CA (SOL 4 years). The state you live in now should be irrelevant. It is possible that they go for a judgment in your current state which is NJ (SOL 6 years), but that is a lot harder for the creditor and they probably wont do it. In any case, any debt older than 6 years are not going to be debt that a debt owner can sue you over and win. If they tried to sue, you would have to go to court and get the suit tossed out. The date for the SOL would be the date the Bankruptcy was filed from your credit reports. If somehow the BK came of your credit reports, and the accounts were no longer listed as included in BK, then the SOL date would be from the date of status. This date sometimes is two or three months more recent than the date the BK was filed. I believe the trick creditors used to play with account created before January 1 1998 was to not let the account go to a R9 charge off status. Then they would change the "date of status" which re-aged the account. Now if an account were to go from BK status to R9 status the date should remain the same. I am not an expert on collection accounts but the date for a collection account should also be the same. Good luck with it.
