I need a Fair Credit Reporting Act Attorney.

Asked about 1 year ago - Houston, TX

This issue is that Midland Credit has just started hounding me about debts that are over 4 years old (which is the SOL in Texas for credit card debt). Last time I spoke with them I brought this to their attention, and they said that I was the 1st one to ever bring up the statute of limitations, other people just pay. They agreed with me that they could not file any legal action against me, because the debts were so old. (2006-2008). However, my question is can I get all the debts that are over 4 years old off my credit report? If so, how do I go about doing that? Any information provided would be greatly appreciated.

Attorney answers (4)

  1. Michael R. Sices

    Pro

    Contributor Level 10

    3

    Lawyers agree

    Answered . Filing a time-barred debt collection lawsuit (after the SOL has expired) is an unfair and deceptive practice under federal law, the FDCPA. Under this law, the debt collector may not even threaten suit on a time-barred debt. Midland -can- continue to attempt to collect this debt by phoning, dunning, or even by accurately reporting to the credit bureaus for 7 years. However, it is within your right to request that a debt collector cease contacting you completely or cease contacting your cell phone - for ever. This is a special right that you have. But it must be requested in writing by certified mail return receipt requested.

  2. Michael J Corbin

    Contributor Level 20

    3

    Lawyers agree

    Answered . You're proceeding under several false assumptions. First, just because you say the debts are over the time limit allowed by the SOL does NOT mean they cannot sue you. They certainly can. SOL's are an affirmative defense that you have to prove to the court, not them. Also, if you ever made a payment or agreed the debts were valid, then you reset the SOL, so it may not be as clear-cut as you think. Second, even if the SOL has expired, they can still report your debt as bad on your CR. Normally, a bad debt can be reported for 7 years, so it could be reported until 2015 under your date scenario. Further, by telling them that, yes, you owe the debt but they can't sue you because of the SOL, they could, possibly, call that "reaffirming" the debt and start the bad debt clock all over again - it has happened many times. You can certainly contact the CR's and dispute the validity of the debts, seeking verification to try to clear it up. But, that rarely works, despite what those "Credit Repair Experts" tell you. You don't need an attorney.

    We can be reached at 507.334.0155 (Toll Free: 888.777.5009). Our web address is: www. corbin-law-office.com.... more
  3. Mark Allen Land

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Collections agencies lie. (Rule 1).

    Negative reports can remain on your credit report for up to seven years. That "leverage" is one of the ways these people collect debts that are more than 4 years old.

    You can discuss this with a local lawyer who may be able to help resolve theses issues for you.

  4. Dwayne M Farnsworth

    Contributor Level 14

    1

    Lawyer agrees

    Answered . When and IF the Statute of Limitations apply to your debt is a VERY fact intensive determination. Even if the debt is beyond the SOL, the creditor can still attempt collection. If the SOL has already run (this is for a court to decide, not us) then the creditor could still file a lawsuit hoping that you default out on the complaint, or at the very least, fail to raise the SOL defense in a timely manner. Try to settle this account as soon as possible. I am not sure that you are really looking for a FCRA attorney at all at this point. However, you might want to seek out a referral from NACA for a good consumer attorney in your area. Good Luck!

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