Can a collection agency re-age a debt that the statute of limitations has run out?

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Can a collection agency re-age a debt that the statute of limitations has run out?

I disputed this with them and they have noted in my credit report that it is “in dispute”. How can I get it removed from my credit report?

Asked on August 29, 2012 under Bankruptcy Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are going to have to do some work here.  Determin the date of the last activity on the account.  Then you are going to have to draft a debt validation letter asking for the following: Written proof that the collection agency owns the debt or has been assigned to the debt by your original creditor. Note: buying your debt does not free the agency of FDCPA guidelines . Written account statements from your original creditor, outlining the amount you currently owe, a complete payment history, additional calculations such as fees, interest, and penalties, a copy of the original agreement or application between yourself and your creditor and documentation that the third-party collector is licensed and bonded to collect debts in your state.  If they can not provide it then they have to ask it be removed. Good luck.


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