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    holly_penyo's Avatar
    holly_penyo Posts: 81, Reputation: 11
    Junior Member
     
    #1

    May 16, 2008, 10:39 AM
    Will debt eventually disappear on it own?
    I am very confused about collection laws and it seems like the more research I do, the more confused I become.
    My husband unfortunately has a number of old debts that are now owned by collection agencies and most of them are for thousands of dollars. He swears up and down that after 7 years the debt is null and void and can no longer be collected on and will disappear from his credit. We are currently living in Texas, but some of these debts came from different states since he is in the army. So is this true or is he full of Bologna?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    May 16, 2008, 10:43 AM
    He's wrong. A debt NEVER expires. It remains with the debtor as long as he's alive then goes against his estate after death. The creditor has the right to try and collect that debt as long as they can.

    What does expire is the right the creditor has to use legal means to collect that debt. Depending on the state, they can no longer sue to collect the debt after a period of times (generally 4-6 years).

    The debts will drop from his credit report after 7 years, but that can be renewed by the creditor so they can be relisted.
    Loan_Guy's Avatar
    Loan_Guy Posts: 83, Reputation: 6
    Junior Member
     
    #3

    May 19, 2008, 07:15 PM
    i am very confused about collection laws and it seems like the more research i do, the more confused i become.
    My husband unfortunately has a number of old debts that are now owned by collection agencies and most of them are for thousands of dollars. he swears up and down that after 7 years the debt is null and void and can no longer be collected on and will disappear from his credit. we are currently living in Texas, but some of these debts came from different states since he is in the army. so is this true or is he full of Bologna?


    Holly,

    Although there are some truisms here, there are a few points that I do not have answers for such as the statute of limitations in your state(s).

    After 7 years of NO ACTIVITY ON HIS PART (the date of last activity or DLA on a credit report), the item should stop being reported. This, in and of itself, does not mean that the creditor still cannot sue, as that depends on the statute of limitations. I am not 100% sure how the SOLs are viewed if you were moving around a lot. You may want to check at National Association of Consumer Advocates – Consumer Protection Advocates and Attorneys to see if they can help you in that aspect.

    As far as continuing to report, the debt can be renewed by YOU, such as making a payment. It can then be listed for another 7 years. It cannot legally be renewed and keep reporting forever by a collection agency. That is called re-aging and is not allowed. For instance, it cannot be sold to a new collection agency every 2 years and be legally reported for the next 10 years. If you see that happening, dispute it with the CRAs and have them report the correct DLA.

    That's an old trick by the collection agencies so they can keep threatening garnishment, liens, and judgments just to make you pay.

    The best bet is to know the laws when you deal with them, as they anticipate that you do not so they can take advantage of you.

    LG
    DBmtgprocessor's Avatar
    DBmtgprocessor Posts: 37, Reputation: 4
    Junior Member
     
    #4

    May 21, 2008, 08:23 AM
    Charge-off accounts – If your delinquent account is charged-off, the record will stay on your credit report for 7 years.

    Closed accounts – If the account has delinquencies, those marks will stay on your credit report for 7 years from the date they were reported. Positive closed accounts (with no delinquencies or late payments) can remain on your credit report for longer than 7 years.

    Collection accounts – Accounts sent to collections will remain on your credit report for 7 years. This time starts 181 days from the most recent delinquent period preceding collection activity on the account. The record will be marked as "paid collection" on your report when you pay the full balance. If you settle with the collections agency for a reduced amount be aware your record will state the account as "paid for less than the total due."
    Judgments – Most judgments, including small claims, civil and child support, will remain on your credit report for 7 years from the filing date.

    Late payments – If you are late with a payment, the 30-180 day delinquency can stay on your credit report for 7 years.

    Tax Liens – City, county, state and federal tax liens are especially harmful and can remain on your credit report indefinitely. Once the lien is paid the record will remain on your credit report for 7 years from the payment date.

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