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Updated about 9 years ago on . Most recent reply

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Nick Gory
  • Cleveland, OH
0
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17
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Removing late payments beyond the statute of limitations

Nick Gory
  • Cleveland, OH
Posted

Hey all! I have some late payments that are beyond the statute of limitations. Any idea how to get them removed? If you suggest disputing them, what category would I file that under when I dispute?

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23
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Scott McGhee
  • Plainfield, IN
5
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Scott McGhee
  • Plainfield, IN
Replied
@Wayne Brooks is right.  It's on your credit report for 7 years if the debt can be proven to be yours or you've made some moves to claim credit for it.  However, write the debt holder asking for validation that the debt is yours.  In your letter state that if they fail to do so within 30 days of receipt of the letter, they are required to remove it from your credit report.

Learn the Fair Debt Collection Practices Act and the Fair Debt Reporting Act.  I had to when I got engaged to my wife.  After some work and time, I brought her FICO from 599 to 720.

From the FTC:

https://www.ftc.gov/enforcement/rules/rulemaking-r...

§ 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

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