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[T750]The Statute Of Limitation

by Ian Webber, Ian

Millions of people receive collection letters everyday. Many of these collections should not be paid. Are you surprised? A credit repair expert shares some surprising facts. Check it out. You may save a bundle.

Whoa Nellie – Don't Pay that Bill

Hold your horses. So you got a collection letter in the mail. You are distraught and already figuring out how to pay the collector. Shockingly, a majority of collections are paid needlessly. Resist the impulse to pick up your checkbook. Just slow it down. Credit repair requires patience - and a bit of knowledge comes in handy too.

Don't Believe Your Eyes

When it comes to collection letters, don't believe your eyes. Don't write a check. Don't call the collector. There are four essential credit repair tests you must apply before doing anything. First, do you recognize the debt? Second, is it possible it was satisfied with a previous collector or the original creditor? Third, is it beyond the statute of limitation for collection through the court system? And fourth, is it beyond the reporting period limit for your credit report?

Do You Recognize the Debt?

If you have attempted credit repair you already know that the collection industry is far from perfect. Collectors buy and sell collection accounts on a regular basis. The level of quality control at collection businesses is notoriously lax. There is every possibility that you are getting a collection notice for a debt that has nothing to do with you. Be sure.

Have You Paid the Debt?

Because collectors buy and sell debt regularly it is common for a new collector to send you a dunning letter for a debt that you satisfied with a prior collector. Original creditors often have in-house collection departments that are as lax in their record keeping as any collector. Oftentimes debts are bundled for sale at the same time that consumers are sending their payment. Your money may have gone in one door while your account was being sold out another door.

Credit Repair Statute of Limitation Shockers

Here is the credit repair fact that most people are not aware of. I can't tell you how many otherwise well-informed people have drawn a blank on this one. The statute of limitation (SOL) for collection through the courts has nothing whatsoever to do with the seven-year reporting limit for derogatory information imposed by the Fair Credit Reporting Act (FCRA) on the credit bureaus. This can be credit repair magic. The SOL is almost always far less than seven years, and may be as little as two years. Each debt type has its own SOL which depends on the type of debt, the state in which you incurred the debt, and the state you currently live – more about this in a second.

The Reporting Period Limit

Most people in credit repair programs are aware of reporting period limits. Generally speaking the credit bureaus are directed by the FCRA to report derogatory credit events for no longer than seven years. There is a slightly more complicated method of measuring reporting period limits for charge-offs and collections which may continue to report for seven years plus 180 days from the date of original default – being the first time a scheduled payment was missed in the sequence that led to collection.

What are the Credit Repair Consequences?

If you don't recognize the debt, it may not be yours and you should not pay it. If you paid the original collector you certainly don't want to pay it a second time. If the debt is beyond the SOL the collector has no way to enforce the collection. This means you can send the collector a cease communication letter and he will vanish forever from your life, and you don't have to worry about a judgment. Or, if you want to pay the debt, it is usually very negotiable once past the SOL. And if the debt is beyond the reporting period limit it is almost certainly beyond the SOL, so all of the above benefits should apply, plus you should not have to worry about the appearance of the collection on your credit report. It's the ultimate credit repair outcome.

Credit Repair and the SOL

The SOL is not hard to check and it is central to any credit repair effort. Just get on the Internet and search for statute of limitations. You should be able to find an easy-to-read chart listing SOL by debt type and by state. Don't forget to check your state of residence and the state in which you entered into the original agreement. The longer period applies to your case. Remember to measure the time period properly. The SOL clock always starts with the date of original default. Collectors do not reset the date when they start and restart the collection process.

Call in the Credit Repair Troops

If all of this is too much to bear, pick up the phone and call a credit repair expert. It's your money and should not be taken lightly. If you do not have the time to cope with the process a professional credit repair company will insure that every step is taken in the proper order and that you are not paying needlessly throwing money away. When it comes to credit repair, the right way is the best way. You can do it!

It is absolutely essential for anyone attempting credit repair to know the statues of limitation for reporting of derogatory information as it applies to the credit bureaus. Credit repair expert Jim Kemish offers some insight on specific statute of limitation information that may surprise you.

Statute of Limitation Violations

The Fair Credit Reporting Act (FCRA), and the Fair and Accurate Credit Transactions Act (FACTA) amendment to the FCRA of 2003, is the federal legislation that governs the credit reporting industry. Statutes of limitation for reporting time limits are provided by this legislation. Knowing how these time limits work is essential to any effective credit repair effort.

In Plain English

Let's try to put some of this jargon into plain English. The term ?statute of limitation? in the case of your credit reports, simply refers to the maximum amount of time that a derogatory item can continue to be reported. When the statute of limitation passes for any negative item on your credit report, that item should vanish. There are an amazing number of violations of these time limits that may appear on your report. Some violations are intentional as in the case of many of the collection accounts that we see, and others are due to a simple failure of the highly complex credit reporting system. A careful credit repair effort can eliminate these violations.

An Interesting Point

In a moment we will review statutes of limitation for the most common types of derogatory information. But you might find it interesting to know that the Federal Trade Commission permits the credit bureaus to delete information at any time at their discretion. There is no requirement that the bureaus wait until the passing of a statute of limitation date to stop reporting.

Collections and Charge Offs

Collections and charge offs must cease reporting seven years plus 180 days from the initial delinquency that led to the collection status or to the charge off. The initial delinquency is the date of the first 30 day late status that led to the collection or charge off. This period of time cannot be reset by any subsequent payment or for any other reason. The clock starts with the original creditor. Collectors such as assignees, attorneys, or collection agencies must abide by the same original statue of limitation expiration date. Neither the original creditor nor collectors can extend these reporting limits. Any attempt to do so is illegal. Unfortunately this law is often ignored. Effective credit repair efforts require a very exacting examination of these dates.

Bankruptcy

Chapter 7 bankruptcies can report for 10 years from the discharge date. Chapter 13 bankruptcies can report for 7 years from the filing date. But be aware that if the Chapter 13 is not completed the reporting limit is extended to 10 years. I mentioned above that the credit bureaus are allowed to delete information from your report prior to the expiration of statute of limitation. Any credit repair effort should take this flexibility into consideration. Bankruptcy is a case where we highly recommend requesting removal. If you are five or more years past discharge your request may be honored.

Tax Liens

Paid tax liens can report for 7 years from the date of payment. Unpaid tax liens can report for as long as they are in effect. Please be aware that most unpaid tax liens are released by the IRS after 10 years. The IRS will usually provide a lien release upon request after the 10 year limit has past. When you provide the release to the credit bureaus they will cease reporting. There are cases that allow the IRS to re-file. Please speak to your CPA or tax attorney for clarification before contacting the IRS!

Judgments

Generally, unpaid judgments will cease reporting 7 years after the filing date. However, unpaid judgments are a case where state statute of limitation will overrule federal statute. Your state may allow unpaid judgments to report for longer than 7 years. State statutes of limitation are easily found on the internet. Paid judgments may be reported for 7 years from the filing date. No state statutes may overrule federal limits for paid judgments.

Gone but Not Gone

Derogatory information that falls off of your credit report due to an expiration of the statutory time limit does not get deleted. This obsolescent information should not continue to appear on your credit report, but it is not gone. If you apply for a loan for over $150,000, life insurance with a death benefit over $150,000, or a job that pays over $75,000, your potential lender, insurer, or employer has the right to view your prior history. This fact adds some additional support to the case for credit report vigilance. If you are attempting credit repair and have erroneous info on your report it is best to dispute it now. Waiting for the statue of limitation to pass may not produce the clean result that you want. Disputed items that get deleted are literally removed from your credit report.

Copyright ? 2007 James W. Kemish. All Content. All Rights Reserved.

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About Author

Both Ian Webber & Jim Kemish are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Ian Webber has sinced written about articles on various topics from Home Management, Credit Loans and Free Credit Report Score. Ian Webber is a financial consultant and expert in consumer law and credit repair. Ian is a graduate of the London School of Economics and The University of Chicago where he earned his LLM, Master of Laws. Ian consults with one of the leading online. Ian Webber's top article generates over 5400 views. to your Favourites.

Jim Kemish has sinced written about articles on various topics from College Student Loan, Credit Loans and Free Credit Report Score. Jim Kemish, a well known expert and consumer advocate, is the president of Sky Blue Credit, a leading. Jim Kemish's top article generates over 301000 views. to your Favourites.