I had a credit card charge off that went off my credit report this year. Can the credit card company resubmit it.

I had a charge off on a credit card back in 1997. I received a letter from the credit card company saying I still owe them the money. It also stated if i did not pay it they will report it to the credit agencies. Can they legally do that, since the statue of limitations ran out?
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Answers (3)

Lu Ann Trevino

Lu Ann Trevino

Contributor Level 8
I am not licensed to practice law in your state.

These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.

You do owe the money, but you can't be sued to collect it. Do not say or sign anything that admits to the debt being yours and that you owe. This can revive the debt and the right to sue for another 4 years.

Debts more than 7 years old should not appear on your credit reports. However, if your debt was purchased by another company, it may be reported as a "new" debt. This is called re-aging and is a violation of the Fair Credit Reporting Act. However (again), you do not have the right to sue, only the FTC can prosecute and fine them. You get nothing. It's still worth disputing with the credit bureas.
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janetwnc

Send them a letter disputing alleged debt and let them know that you checked you with your states attorney general and verfied the SOL for enforcing this kind debt has expired demand that they stop contacting and you consider this matter closed and if they proceed with this you will be forced to report them to your states attorney general and federal trade commission and you will take whatever legal action necessary to protect yourself and violations can and will cost them 1,000. per incident because your sick of CA reaging collection accounts, send it CMRR, bet you never hear from them again
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Donald Edward Petersen

Donald Edward Petersen

Contributor Level 6
Consult with an attorney licensed in California. If you defaulted in 1997 and have not paid anything towards the account since then, you assumption that the statute of limitations has expired is probably correct but there that is a matter of California law. (There are many pitfalls in the S.O.L. analysis and it is state law specific).

It is unusual that the "credit card company" still owns such an ancient account. Do you mean a debt collector who is attempting to collect the old credit card account?

If the account is with a debt collector and you are CERTAIN that it is time barred, send the debt collector a letter (via CM/RRR) stating "I dispute owing the account because, among other things, it is too old."

If account was charged off in 1997, it should not reappear on your credit report because the account was charged off over seven years ago. (The time period for obsolescence on a credit report is a matter of federal law and is not tied to any state's S.O.L.)

If a debt collector (a company who is not the credit card issuer or a bank that acquired the bank that issued the card), you could sue them if they "re-age" your account and put in on credit report.

If the original credit card company re-ages the account and reinserts the account on your credit reports, you should dispute it with the credit reporting agencies on which it appears. If the account remains on your credit report after you dispute, you should consult with an experienced consumer attorney.

There are a lot of misconceptions about adding a consumer statements to credit reports. Such a statement will probably not help you in this situation. If a debt collector is involved, dispute directly with the debt collector even before they insert it on your credit report.

If either an original creditor or a debt collector reinsert the account on your credit reports, then dispute with the credit reporting agencies who reports show the account.
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