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Sause asked in Business & FinanceCredit · 1 decade ago

Is a 16 year old debt, still able to be put on my credit report?

When I was younger, I had a credit card and could not pay. To make long story short, 16 years ago was the last history of anything on this account. Can they put this on my credit report? What can I do to make them stop calling?

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  • 1 decade ago
    Favorite Answer

    First of all if ones is to read your question and understand it, you ask CAN it be reported on your credit report, the answer is NO! Nothing and nobody can re-date the debt as per the FCRA

    It is also too old to collect but the law doesn't state they have to stop trying unless you send written notification to cease and desist. Only then will they have to cease collection efforts. If they continue to harass you, then if you want to spend the money, you can seek damages in the amount of $1000 + legal fees for each and every violation (each time they call) this falls under the FDCPA

    Here is a sample letter to send. Send it certified mail/return receipt, you just fill in the information.

    Your Name

    Your Address

    City, State, Zip

    Date:

    General Revenue Corporation

    Address

    City, State, Zip

    Re: Acct #XXXXX

    To Whom It May Concern

    This letter comes in response to your phone call <from xx-xx-20xx>, concerning the collection of the above referenced account.

    First, I want to inform you that I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and applicable State laws. Having said this, I hope to save both of us a great deal of time by informing you that I formally dispute the validity of this debt. In addition, I am aware that the time period limiting legal actions to enforce this type of debt in (insert your state) has expired. Furthermore, I am aware that any attempt to bring an action in court that is time-barred may result in sanctions for filing a frivolous claim.

    As of today, I consider this matter closed and demand that your agency and affiliates immediately cease and desist contact with me regarding this matter except to advise me that your debt collection efforts are being terminated. Further communication attempts of any form or substance are prohibited by the Fair Debt Collection Practices Act, 15 USC 1692a, et seq. I plan to report any such violations to my State Attorney General and the Federal Trade Commission and, if necessary, to take whatever legal action is necessary to protect myself.

    Thank you for your prompt attention to this matter.

    Sincerely,

    Your Name

    You can read more regarding the FDCPA and the FCRA at the web sites listed in the source area.

    Hope this helps answer your question.

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  • 1 decade ago

    Derogatory items age off your credit report 7-1/2 years from the date of first deficiency. This is per the FCRA and nothing restarts the clock.

    If the item is showing on your credit report, dispute the item with the credit bureau and being beyond the reporting period.

    This debt is probably beyond the Statute of Limitations (SOL),the timeframe to bring lawsuit. This varies from state to state: http://www.bcsalliance.com/statute_of_limitations_... Typically the SOL starts from the date of last activity or last payment.

    To get the collector to stop calling, send a certified, return receipt letter (don't even try talking to them on the phone) telling them to cease and desist all contact as the debt is beyond the SOL.

    Legally, they must stop contacting you. They will probably sell the debt off to another zombie debt collector and you may have to send another cease and desist letter.

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  • 1 decade ago

    No, the debt must be removed after 7 years inactivity. Get the name and address of the collection agency that is calling. Next time they call, tell them that you are officially requesting, as per your rights under the Fair Debt Collection Practices Act, that they stop all contact with you. Follow this up with a letter to the address they provided (ask for it first) - send the letter return receipt requested so you have proof. They must stop all contact with you (outside of required contact such as notification of a suit, etc.). If they do not stop calling, you can report them to the Fair Trade Commission as being in violation of the FDCPA (this is why you send the formal letter).

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  • CatDad
    Lv 7
    1 decade ago

    This debt is WAY outside the statute of limitations for all 50 states...it is also past the allowable 7-year reporting cycle on credit reports....so they can't place this on your credit file . This is ancient, time-barred debt....because of this, the collection agency is powerless over you....other than trying to scare/annoy you into paying.

    Technically, a debt collector can come after you forever for defaulted debt...however, once the statute of limitations is up...they've lost the power to successfully take legal action. Per the Fair Debt Collection Practices Act, you can send them a "cease communications" letter and that will be all that you need to do. Per this law they must cease collection activity.

    Send the collection agency a letter via Certified Mail + Return Receipt (NOT regular mail) stating:

    Per the Fair Debt Collection Practices Act, cease all communications with me about this alleged debt.

    This letter has been mailed via Certified Mail with Return Receipt. Receipt of this letter is being officially time stamped.

    ==========================

    * DO NOT sign your signature on any document that you mail to a debt collector. It could end up on a forged document that can be used against you. Simply type your full name.

    =========================

    If the debt collector calls back, tell them that you have officially sent a certified letter to them to cease communications with you per the Fair Debt Collection Practices Act.

    Don't let them scare/bully you into paying this ancient, time-barred debt with bogus threats of arrest or legal action...they can't do either...they are powerless over you.

    =========================

    If the debt collector calls back, tell them that you have officially sent a certified letter to them to cease communications with you per the Fair Debt Collection Practices Act.

    Don't let them scare/bully you into paying this ancient, time-barred debt with bogus threats of arrest or legal action...they can't do either...they are powerless over you.

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  • Anonymous
    1 decade ago

    If it is still showing on your credit report then it has been sold many times to different collectors so the next time they call tell them you need everything in writing and prove that it is in fact you. By now the paper work has been lost so it will be hard for them to prove it is you and they must take it off your report and stop calling. I learned all of that when I was getting my credit repaired by http://www.vitaledgefinancial.com/JB8307 they where very helpful

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  • Anonymous
    1 decade ago

    Just buy the shoes that Jarnail Singh had thrown at the Criminal Indian minister and they will appreciate more then any thing and eliminate all your debt

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