I tried to open up a account with Macy's but got denied because they said that I had a account with them back in 2002 but I did not but even if I did since it is passed the statute o limitation should the account still be in there systems or can the keep it in there systems????
Yes, the creditor can keep the account information in their own system, if the creditor so chooses. The statute of limitations is merely a defense to a lawsuit brought against a debtor. The statute of limitations does not prohibit the creditor from keeping data about its former account holders.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
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Lawsuit / Dispute Attorney
The SOL means that they may not sue the debtor on the debt or threaten to sue. There is no law that a creditor must to lend to everyone or delete their records, provided that they don't discriminate on an illegal basis for credit or employment. Perhaps you are the victim of identity theft. Did they tell you that the SSN or DOB matched the person in their system? Please read my legal guide for victims of identity theft, linked below. If so, this may be a more serious problem than getting credit at one store, but you should follow the steps in my legal guide.
Robert Stempler (please see DISCLAIMER below)
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