Ask Me Help Desk - Can a debt collector report on a credit report that the wrong date was open

Quote:

Originally Posted by johnfowler1966

can a debt collector report on a credit report that wrong date was open on a old debt let said original debt was open on 8/01/05 and debt collector {unifund} report that it is 2/1/08 on the credit report this is on a credit card does this need to be the same date as the original debt. both account # is the same. this is the time that they must have bought this debt. thanks for all and any help.

Your post is somewhat confusing, but this is my best guess:

You opened a credit card in 2005 and defaulted on the payments.
The credit card company sold the debt to a collection agency, probably in 2008, so the agency is listing their open date as 2008.
You want to know if this is legal... correct?

My answer would be yes; they are listing the date that they obtained the account from the original creditor.

Where are you located? Statute of limitations may have expired on this debt already, depending on your local laws. When was the last payment you made, or when was the last time you used the account?

EDIT: After reading your other threads, is this related to the same creditor you've been asking about since last year?

Quote:

Originally Posted by johnfowler1966

5/10/06 was the last payment posted on the C card statement and 5/15/09 they file the lawsuit.{court stamp} I live alabama, I won 1st time in court and they appeal I got court again this next week july 1st what do you think? 3 year SOL are not thanks for all and any help, john

Use the same defense. SOL expired and the creditor has no valid grounds for the lawsuit. What did they file in their appeal paperwork that allowed the case to be reopened?

EDIT: Just out of curiosity - you said the last payment was posted on 5/10/06. Did you use the card after that? Even once?

Quote:

Originally Posted by johnfowler1966

no I did not use card, did not use SOL defense, they only had a affadadit i file a sworn letter of denial so they had no evidence. I also file for discovery {request for production of document} it was granted by the judge on may 22 2009 and they object I hear nothing on objections it was all by mail, they sent me the old credit card statements as evidence and file for motion for summary judgement and it show last payment made posted on 5/10/06 and 1st suit was file on 5/15/09 {court stamp} next thing i got was a motion to set hearing 1st plaintiff filed suit and defendant filed answer 2nd plainiff file a motion for summary judgement which has not set for hearing. 3rd plaintiff feels that the motion for summary judgment will resolve the issues. next day i got my court date {order setting hearing on motion} that said motion to set for hearing filed by the plaintiff is hereby granted. it is therefore ordered that plaintiff's motion for summary judment be and is hereby set for hearing on this court's civil motion docket for july 1st 2010 at 9am. do you think i need to use SOL defense at first are made them prove it is a valid debt I know that they will need a live wittness i think? what would you do?

I'm confused. You filed a motion for discovery, which was granted - the plaintiff has not produced any documentation but this is still going to trial? That doesn't make any sense.

Honestly, the motion for discovery is just a waste of time because you already know this is your debt. I would just take the next step and file to have it dismissed based on SOL.