Can a collection agency re-age a debt that the statute of limitations has run out?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a collection agency re-age a debt that the statute of limitations has run out?
I disputed this with them and they have noted in my credit report that it is “in dispute”. How can I get it removed from my credit report?
Asked on August 29, 2012 under Bankruptcy Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You are going to have to do some work here. Determin the date of the last activity on the account. Then you are going to have to draft a debt validation letter asking for the following: Written proof that the collection agency owns the debt or has been assigned to the debt by your original creditor. Note: buying your debt does not free the agency of FDCPA guidelines . Written account statements from your original creditor, outlining the amount you currently owe, a complete payment history, additional calculations such as fees, interest, and penalties, a copy of the original agreement or application between yourself and your creditor and documentation that the third-party collector is licensed and bonded to collect debts in your state. If they can not provide it then they have to ask it be removed. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.