Credit Report

[Shawn Iley]

My wife recently had a collections agency contact her about an amount that she supposedly owed to a university in Texas, which she atttended in 1988. To her knowledge, she was never contacted previous to this by the university or anyone else about the matter. She asked the collection agency to send her more information as to why she owed them around $250. They finally sent something saying that it was an overdue library book, but did not say what book it was and my wife says that she does not remember ever checking a book out at the library. The collection agency says that we must pay them or they will put it on her credit report and that it is her responsibility to prove that she did not owe that amount. Is that correct? Are we just stuck here and have to pay the $250 or have it on our credit report?

 

[JETX]

This one is really pretty simple....

1) Needless to say, any statute of limitations on a debt from 1988 has LONG expired. So, even if this were a valid debt, it is unenforcable.

2) I suggest you read the FDCPA (Fair Debt Collections Practices Act), specifically the section on validation of debt to see what RIGHT you have to demand proof of their claim. It can be read at:
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809

3) Finally, if they do report this debt to the CRA's (Credit Reporting Agencies), you can simply write each of them and ask that they investigate this report as an expired debt and if found true, it will be removed from your file.

 

[Shawn Iley]

Thank you so much for your reply. What if it past the 30 days of the original contact of the credit collection agency? Can I not still dispute it in writing?

 

[JETX]

Q1) "What if it past the 30 days of the original contact of the credit collection agency?"
A1) What??? There was nothing in my post that had to do with 30 day deadline or debt collector contact.

Q2) "Can I not still dispute it in writing?"
A2) Dispute what?? Again, there was nothing in my reply about disputing anything. I said, "if they do report this debt to the CRA's (Credit Reporting Agencies), you can simply write each of them and ask that they investigate this report as an expired debt and if found true, it will be removed from your file."

Are your reading the same message thread as I am??

 

[Shawn Iley]

I'm sorry. I was referring to the 30 day period mentioned in the FDCPA that you suggested that I read. It appears that I can dispute the validity of the debt, in writing, within 30 days of the receipt of the notice from the debt collector. It is currently past 30 days of receipt, although we did dispute it by phone within that time period.

The answer you originally gave me was very helpful. Thank you.

 

[JETX]

Did the debt collector notify you in writing with in 5 days of his "initial communication" with the information as detailed in the FDCPA???

If not, then your 30 days hasn't started.
If he did, then your 30 days has expired, but that does not mean that you have admitted liability.

So, you basically have a couple of scenarios:
1) Do nothing. See if the debt collector contacts you again. If so, you know now to ask for written notice per the FDCPA. Then when you get it, you now know how to dispute it. Oh, and check your credit reports.

2) Contact the debt collector (if you can) and ask them to send you a written notice per the FDCPA. Then, when you get it, dispute if applicable.

The choice is yours.