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old debt came back to haunt me ??

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What is the name of your state? Washington State
An old debt that I believe the last paymetn was made on in 1994 has suddenly come back to haunt us again. I have told pervious agancys the statue has run out and now they have apparently sold it yet again and this company is calling and calling. It appears that when we asked that it be removed fro our creidt file that some how drew attention to it and they are trying to collect. I have disputed the debt in writting but they are not stopping.
It seems form looking at our credit report that Mervyns keeps changing the date of last activity. How can I prove there was no activity since 1994 ? Does the staute start the day of the last payment.

Debt Guy

Senior Member
Who is doing the reaging? The OC or the CA that has it now?

I only know of two ways to "prove" the date of last activity. Either get it from the original creditor or from an old credit report.

Is the item still listed on your credit report? If not, you know it has been at least 7 1/2 years since the default.

Have you lived in Washington during all that time?

Yes I have lived in Washington the whole time.
WE have succesfully had it removed from our credit report
before but it shows up again a few months later.
The credit report seems to keep showing new dates as the date of last activity.
Can they reage it because of my making requests to remove it from my credit report?
I guess I will attempt to get the date of last activity from the origional creditor. If they cant give it to me adn this company cant give me print out showing my last payment then what should I do ?

Debt Guy

Senior Member
The debt should not be reaged.

If you don't have copies of your credit reports, get paper copies -- order them directly from the credit bureaus. Don't get the merged report where all bureaus are combined and don't get them on line. Paper copies from each bureau are best.

I recommend you send the collection agency a request to validate the debt. You can find a sample at www.creditinfocenter.com/forms.

Wait a week and then send letters to the credit bureaus and tell them you dispute the debt because the date of last activity is wrong. Tell them the date of last activity should be ____________.

Hopefully, this will get it off. If not, your only alternative to file a lawsuit against the collection agency and the credit bureau. That is a pain because it will then by your job to prove the date of last activity was reported wrong.

If you want to stop the calls, send a demand to cease and desist. You can find a sample at the link above. Just don't ignore any summons you might get. If they sue you and you fail to raise the SOL as an affirmative defense -- you lose and they have a default judgment.


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