Moving on after the SOL has expired on credit card debts...

[vhdlboy2008]

Lifetime resident: Michigan (MI)

Hi all. I'd like to move on and avoid fearing account seizures and garnishments now that I believe the SOL on my bad credit card debts has expired. Please note I am not trying to improve my credit score yet, I realize that is a different subject.

I have several questions; feedback on #5 is what I am most interested in.

1.
I’ve lived in the same state my entire life- is the SOL for this state used for credit card debts?

2.
I believe the SOL has expired on my bad credit card debts. How can I verify this?

3.
One of my bad debts is from Household bank. They mailed me a check and by cashing it I was agreeing to pay back the debt. Is this an open-ended account?

4.
How can I determine if a judgment has been filed against me?

5.
I’ve read that if a creditor sues me I will need to file paperwork to prove that the SOL has indeed expired. How do I do this? I do not have any of the original paperwork. I am concerned here because I have heard stories of creditors altering records in order to reset the SOL. If someone has dealt with a situation like this I would like to hear what happened.

6.
I have not requested a copy of my credit report in over 6 years because I do not want to set off any red flags. Is there any validation in my concern?

7.
I have read about "tolling." Is it possible the SOL would toll when moving in the same state?

Thank you.

[JETX]

Originally Posted by vhdlboy2008

I’ve lived in the same state my entire life- is the SOL for this state used for credit card debts?

Unless otherwise specified in the lender agreement, yes.

I believe the SOL has expired on my bad credit card debts. How can I verify this?

Buy a calendar.

One of my bad debts is from Household bank. They mailed me a check and by cashing it I was agreeing to pay back the debt. Is this an open-ended account?

No. But your cashing the check would have reset the SOL 'clock'.

How can I determine if a judgment has been filed against me?

Contact every court in your county and ask.

I’ve read that if a creditor sues me I will need to file paperwork to prove that the SOL has indeed expired. How do I do this?

By filing a motion to dismiss due to expiration of the SOL.

I have not requested a copy of my credit report in over 6 years because I do not want to set off any red flags. Is there any validation in my concern?

No.

I have read about "tolling." Is it possible the SOL would toll when moving in the same state?

No.

[vhdlboy2008]

Thanks Jetx.

For any accounts that have not yet expired, could requesting a copy of my credit report possibly urge any of them to take immediate action when they otherwise wouldn't?

[JETX]

Originally Posted by vhdlboy2008

For any accounts that have not yet expired, could requesting a copy of my credit report possibly urge any of them to take immediate action when they otherwise wouldn't?

We can't guess as to what 'urges' someone else has... but unlikely.

[vhdlboy2008]

Okay I get your point.

How about this...

When I look at my credit report can all of the debt collectors that are after me see that I looked at it?

I ask this because collectors have scared me into doing as little as possible. I thought they could see what my other debts were- are they looking at my credit report to determine that, without having it flagged as an inquiry (or maybe they simply can't see those things and were bluffing) ?

One of the reasons I ask this question in the first place is because after the last credit check I had, when I moved into my current apartment, collectors started calling the manager of my apartment complex, neighbors, and so on. I am guessing the credit inquiry drew attention.

[vhdlboy2008]

I learned of the terms "hard inquiry" and "soft inquiry." For others who might be reading, as I understand it hard inquiries can be viewed by lenders while soft inquiries can be viewed only by the consumer when requesting a consumer copy of the credit report. More details can be found quickly using a search engine.

I am still confused why my apartment rental would have triggered attention since I've read that apartment inquiries are "soft hits." There is the possibility that something else triggered the activity or that the hit was miscoded as a "hard hit" (I have read of that happening).

I feel much more educated about all this now. Thanks again JETX.