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Discussion in 'Credit Talk' started by Momof3, Nov 7, 2000.
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I think they dont put it on the report but when youcall they will tell you. Transunion is my best report, just the student loans and I know exactly when it comes off.
the 7 year (or less) clock
For pre 1996 delinquencies, the FCRA starts counting the 7 years from when an account was actually charged off, or referred to a collection agency. For post 1996 debts, the 7 year clock starts on the "date of original delinquency" preceding the charge off or referral for collections- which may be months earlier than the charge off date.
The FCRA is a federal statute. Many state statutes (based on wherre you live) give you additional rights. As an example, the 7 year clock starts on the "date of original delinquency which led to the charge off" for all debts (even before 1996) under California law.
Under New York law, there is a 5 year clock for paid charge ffs and collections.
The state law which applies is based on the state where you live, not on the location of the creditor or CRA.
The best thing to do is to write the creditor asking them to state the "date of original delinquency" in addition to the charge off or collections date. You can then determine when the 7 year clock starts (5 years if you live in NY).
If the CRA doesn't remove the item at the end of the 7 years, there are methods to use which I will not detail here to force them to comply wih the law.
I believe i understand this better now.