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  #1  
Old 09-13-2008, 03:12 PM
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Negative Items on Credit Report


What is the name of your state (only U.S. law)? NY

Recently reviewing my credit reports I noticed that a few very old debts from a local phone company (older than 8 years) appeared on my credit report. They were reported by a collection agency. Do I have the right of having these debts removed from my credit reports even though the collection agencies continue to verify the debt as valid to the credit reporting agencies. Keep in mind that I am almost certain that the SOL in my state has expired.

Also a couple of debts owed to hospitals appeared which should have been paid by the insurance agency. Can anything be done aside from paying them. One of them is for $29. Don't the credit reporting agencies have a policy of not reporting any debt under $50. Thanks.What is the name of your state (only U.S. law)?
  #2  
Old 09-13-2008, 03:13 PM
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The SOL is an affirmative defense that you would have to plead and prove if you got sued for the debt.
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  #3  
Old 09-13-2008, 05:57 PM
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Thank you but in regards to reporting these old debts to the credit agencies, is there anything that can be done?
  #4  
Old 09-13-2008, 08:07 PM
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If you have not responded to these debts over 7 years , write each CRA and request they be removed .

If you have responded to these debts , it starts the time all over again .

I couldn't tell you about debts under 50 bucks , but the FDCPA you can access on line .
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  #5  
Old 09-13-2008, 09:16 PM
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this would involve the FCRA, not the FDCPA.

Here is a link. I am not going to read it to see if a legal debt can be reported if under a certain dollar amount.

[url]http://www.ftc.gov/os/statutes/031224fcra.pdf[/url]

I doubt there is such a limitation and to the debts the insurance company should have paid; nope, legit to report such a debt. It is still your debt. If you have a problem with the insurance company not paying the debt, you need to deal with the insurance company and the original creditor.

and to restarting the SoL. I do not know if NY allows it merely by responding to the creditor but most states do not. Some states do have allowances that are not difficult to meet when communicating with a creditor that would restart the SoL but most, to my knowledge, require an actual payment or specific agreement to pay to refresh the SoL start date.
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  #6  
Old 09-14-2008, 01:11 AM
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Thank you all very much.
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