Debt Collector Calling about account that does not appear on credit report.

[gee10]

What is the name of your state? FL

I have started receiving calls from a debt collector. I've pulled my credit reports six months ago and did not see anything related to a collection agency or any charge-offs. I pulled my credit report a few days ago after receiving messages from the debt collector and I still do not see anything about a collection account. I finally received a letter from them yesterday about an account I had back in 1998. What are my steps? Can I get this collector to stop calling me? Can a collection agency put an old debt back on your credit report? I am not sure how to proceed.

Thanks in advance for any advice.
gee10

 

[Debt Guy]

When was the last payment made after which the account was never current?

This is called the date of first default. It is critical to determine if the account is or is not out of statute. That answer drives the actions.

On your credit report, can you find the entry for the original creditor? What does it say for date of last activity?

 

[gee10]

The last payment was made back in 1999. I pullled that information from a credit report back in 2000. The original creditor does not appear on my current credit report pulled just a few days ago. The original credit collection agency does not show on my credit report or the current collection agency does not show on my credit report that was just pulled.

 

[Debt Guy]

Then the debt is past the statute of limitations.

Send a letter to the collection agency -- certified mail return receipt requested.

Say "I dispute this debt" and "this debt is time-barred under the laws of the state of Florida" and "cease and desist all contact with me".

You can still be sued. The SOL is only an affirmative defense in the event you are sued. So, don't ignore any summons. Keep copies of all paperwork in a safe place.

 

[gee10]

Can they place this back on my credit report after sending them this letter? I'm sure they have pulled my credit report, so should they have noticied that it is no longer on my credit report? Thanks for all this information. You have been very helpful.

 

[Debt Guy]

Reporting to a credit bureau is optional -- creditors are not required to report.

Negative items cannot be on your report longer than 7 years after chargeoff.

Based on what facts you have given me, it has not been 7 years since the debt was charged off. So, technically, it could be on your report today.

So, yes. They could report this now. However, once you send this letter, if they report it, they must mark it "IN DISPUTE".

If they are not reporting now, it is unlikely that they will suddenly decide to report.

 

[gee10]

Thanks for the information. I have pulled my credit report from all 3 credit agency's and it does not currently appear on my report. This is why this new collection agency is throwing me off. The original creditor does not appear. The original collection agency does not appear. This new collection agency does not appear. This is why I was very confused when I started receiving the calls about this debt. I immediately went to my credit reports that I pulled six months ago and did not see anything. I then proceeded to pull my report again the next day and did not see this agency on there. So if it does not appear currently and the SOL has passed then they can not place it back on my report. Hopefully, I have that part correct?

 

[TigerD]

Umm no.
SOL has absolutely nothing to with credit reporting. In fact the only time SOL raises it's ugly head is if you are sued.

The account can be credit reported for varying terms depending on the type of account and amount -- but most common is 7 years plus 180 days.

DC

 

[gee10]

So if the 7 years plus 180 days that you stated is used. Then if the collection agency decides to report this again. Then the credit bureau would again purge this from my report. Is that correct? There has been no activity for this credit card since 1999. Nothing has been paid on it since 1999. I had to go and find that information from a report pulled in 2000. My credit reports that I have pulled just a few days ago do not have any collection agency or the original creditor listed. If this is the common practice of 7 years plus 180 days - why has this disappeared from my credit report? Because based on date of last activity - 7 years has not happened, but yet and still it does not appear on any of the 3 credit bureaus reports that were pulled a few days ago. So I'm sure the collection agency's pull your credit report, would they have noticied that this is no longer on my report? Where are they getting there information from to call about a debt that no longer appears? I'm just trying to understand this entire process. Thanks for all the information.

 

[Debt Guy]

Q. So if the 7 years plus 180 days that you stated is used. Then if the collection agency decides to report this again. Then the credit bureau would again purge this from my report. Is that correct?

A. Re-read my post. I told you the answer to this already. If the charge-off is within 7 years of today, then it can be placed legally on your credit report.

Q. There has been no activity for this credit card since 1999. Nothing has been paid on it since 1999. I had to go and find that information from a report pulled in 2000. My credit reports that I have pulled just a few days ago do not have any collection agency or the original creditor listed.

A. Then it is clearly less than 7 years.

Q. If this is the common practice of 7 years plus 180 days - why has this disappeared from my credit report? Because based on date of last activity - 7 years has not happened, but yet and still it does not appear on any of the 3 credit bureaus reports that were pulled a few days ago.

A. Again, creditors are not required to report. The great majority do but there is no requirement. Sometimes, it is a conscious decision. Most often, it is a screwup.

Q. So I'm sure the collection agency's pull your credit report, would they have noticied that this is no longer on my report?

A. Maybe, yes and maybe, no. There is no way to tell.

Q. Where are they getting there information from to call about a debt that no longer appears?

A. Finding people is easy. There are many sources to find address and phone numbers.

Just because a debt is not reported to the credit reporting agencies does not mean the CA cannot attempt to collect the debt. Sounds to me like that is what is happening. It may or may not show up on your report at a later time.