multiple collections with same agency, question

[heartsflowers2002]

Hello,

I am asking this question on behalf of a friend whose family is trying to get a mortgage (details are to the best of my knowledge).

My friend contacted a collection agency to negotiate a payment/settlement of an account that was listed on her credit report. After reaching an agreed amount, the collection agent said, by the way, did you know you also have this other account to pay?

The account in question (about $1600), is old (less than 10 years, but she thinks more than 6), and she believes, out of range of the SOL, and is not listed on the credit report. (she doesn't know if it had been on the past. Also, the original creditor is not listed on the credit report, and to her knowledge, never was).

So my question is, if it is in fact, beyond the SOL, and she cannot be forced to pay it, can the collection agency report this account now on the credit report if she does not pay it? Let's say the SOL was 6 yrs and the debt is 6 1/2 years old. Is this possible?



Thank You, in advance.

[Trish]

A debt can only be reported for 7 years from the DOFD (date of first delinquency).

The SOL you are talking about is the collection SOL. If her state's collection SOL is 6 years and the debt is 6 1/2 years old (from the DOFD), then legally they can no longer collect on it or try to sue her over it.

She shouldn't be talking to a CA over the phone. You may want to stress to her to correspond only in writing. Then if they attempt to collect on this debt again, she can simply send a FULL cease and desist letter.

Technically, they can still report it .........but if the debt is 6 1/2 years old, they would only be able to report it for maybe 6 months. At this point, if it hasn't been on her CR yet......I kinda doubt it's going to show up now.

[heartsflowers2002]

Thank You. That's what I kinda thought, unless she started a new payment arrangement with them, (or that, if that does happen to people, it's not supposed to--I sent her over here and she found a post on here somehwere where someone had a 10 year old utility bill pop up) but I didn't/don't know enough to feel comfortable guessing, don't have much experience.

As for talking on the phone, I think they are desparate at this point and in a hurry. It's her mother and stepfather trying to get the mortgage (she lives with them) and they have the house-hunting horror story of the decade. It started almost a year ago and during that year they have had the experience of having 5 days to find somewhere to live for a household of 6, have lived in other people's houses that were for sale with giant bugs, motels, slept on air mattresses, and now even have the apartment they were month to month on (that gave them 5 days to vacate) as a new collection on their report.

It's not looking so good unfortunately

Anyway, thank you again. (



one of these days I'm gonna go to that misc. thread and post you some kinda ecard for all the good things you do for people here