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| Posted by | Message | rmc 
LSU Fan
Zachary, LA
Member since Sep 2004
21142 posts
 Online
| re: Old "Collection" Debt (Posted on 3/28/12 at 9:54 am to Cold Cous Cous)
quote:
And, of course, a debt collector's attempts to collect on a debt that isn't actually legally owed may be a violation of the federal FDCPA in some circumstances.
Right. Nice little payday for the consumer.
| | Back to top | | rmc
LSU Fan
Zachary, LA
Member since Sep 2004
21142 posts
Online
| re: Old "Collection" Debt (Posted on 3/28/12 at 9:58 am to LSUBrad5277)
quote:
While state laws limit the amount of time debt collectors can chase you to pay debts or force collections through judgments and garnishments, some consumer mistakes can restart that clock.
Among them: acknowledging a debt, making a partial payment or ignoring a notice that a creditor is about to sue on an old debt.
That is all dependent on state law. I am fairly certain that "ignoring a notice that a creditor is about to sue on an old debt" in Louisiana doesn't restart anything. In fact, if they sue and the debt is prescribed not only will the suit be thrown out if the proper exception is made, but the creditor really opens them self up to a FDCPA claim. As an attorney, I will be scared of doing that more than once in front of the same judge because of sanctions.
| | Back to top | | JPLSU1981
LSU Fan
Baton Rouge
Member since Oct 2005
15893 posts
| re: Old "Collection" Debt (Posted on 3/28/12 at 10:23 am to VABuckeye)
Not in regards to your credit report.
7 years after the original delinquency, all mentions of the debt fall off your credit report.
There is nothing anyone can do to reset that 7 years. It doesn't matter if it's been bought and sold 10 times, some payments made, etc...all mentions of that debt are supposed to be off your credit report after 7 years.
LINK
LINK
This post was edited on 3/28 at 10:37 am
| | Back to top | | VABuckeye 
Ohio State Fan
Oak Hill, VA
Member since Dec 2007
8130 posts
Online
| re: Old "Collection" Debt (Posted on 3/28/12 at 11:37 am to JPLSU1981)
quote:
Not in regards to your credit report.
I understand that.
However, activity such as a partial payment can nullify and reset the "cease and desist".
I probably worded my response badly. It isn't the first and probably won't be the last time I've done that.
This post was edited on 3/28 at 11:40 am
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