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I need a Fair Credit Reporting Act Attorney.

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.

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Attorney answers 4

Posted

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.

Asker

Posted

Can you recommend someone? And most of these debts are over 7 years old (2005-2006), so how do I at least get those off my credit report?

Mark Allen Land

Mark Allen Land

Posted

I suggest using the "Find a Lawyer" tab above and look fora local "Consumer" lawyer. Also, if you have not already, get a copy of your credit report from all three credit reporting agencies at annualcreditreport.com. (That is the only truly free site that is not a come on for something else.)

Posted

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.

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Anthony J. Pietrafesa

Anthony J. Pietrafesa

Posted

I would also write Midland a letter, probably to Mr. Black the head honcho, that they are reporting a time barred debt on your CR just to be nasty, and that if they want to show good ill they would remove it, no matter if they want to keep hounding you. I'd talk to a NACA member in your area. Midland likes to play this game

Posted

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!

Posted

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.