river59 asked:
Asset Acceptance is holding two small utility debts of mine. The statute of limitations has run out but they resubmitted the debt to the credit agencies as if they are new. Can they continue to resubmit a debt after the statute of limitations has run out? How do I fix this?
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Asset Acceptance is holding two small utility debts of mine. The statute of limitations has run out but they resubmitted the debt to the credit agencies as if they are new. Can they continue to resubmit a debt after the statute of limitations has run out? How do I fix this?
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There is a difference between the statute of limitations, and the period of time where a debt should fall off of your credit report(s). The statute of limitation deals with the period of time a creditor or collection agency can get a judgment against you to collect the debt. This varies by state. The period of time where a debt falls off your credit report(s) is 7 years after the charge off date (typically 3-6 months) from the original lender.
Now what the collection agency has done sounds like what is called re-aging. This is where collection agencies (typically) will change the date when the account went bad (more than likely to the time when they bought the debt) to make it look like it is more current. This is illegal under the Fair Collection Reporting Act (FCRA), and the collection agency can be sued.
If the collection agency is contacting you then send them a certified, return receipt requested cease and desist letter. They should not contact you after that. Also, send the credit bureaus a certified, return receipt requested letter disputing this information stating that the date on the accounts in collections is incorrect. If the information is not properly updated then the credit bureaus are in violation of the FCRA, too.
Asset Acceptance Corp has earned the distinction of one of AMERICA’S WORST COLLECTION AGENCY’S. They lie, steal, cheat, misrepresent, file bogus claims, create phony documents and commit perjury in the court system JUST to increase their bottom line.
You should contact them and let them know that you are aware of the illegal tactics they have used and if they don’t remove the item, you will seek civil action against them. Cite the following:
RE-DATING OF THE DEBT IN VIOLATION OF
[CITE: 15USC1681s-2] ยง 623. Responsibilities of furnishers of information to consumer reporting agencies
a) Duty of furnishers of information to provide accurate information (1) Prohibition (A) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. (B) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if– (i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and (ii) the information is, in fact, inaccurate.
Here is a link to find out information about them:
Download a pdf file regarding how to dispute with CRA’s
LEGAL DISCLAIMER: The advice contained herein is for informational purposes only. It is not to be construed as Legal Counsel nor Legal Advice.