Archives for "Statute of limitation"
Credit Repair and the Collection Puzzle
You Can Take Control!
Collectors use both law and psychology in the practice of their craft. Many collectors operate legitimately, while others cross the line daily. Do you know your rights? Here is the correct way to deal with a collector – and maybe even come out ahead.
Getting the Collection Letter
Many people in credit repair programs have received collection letters. Sometimes the credit repair effort itself can attract a collector, but you can turn the situation to your advantage. Collection letters are designed to intimidate, and include enough threatening legal language to upset anyone. Many recipients of collection letters opt to ignore them. This is a mistake. You have an important right when contacted by a collector, but it only lasts for 30 days.
Debt Validation as a Credit Repair Tool
The Fair Debt Collection Practices Act (FDCPA) is the body of law that governs the collection industry. Under the FDCPA, if you receive a collection letter you have a powerful legal right called debt validation, an excellent weapon in the credit repair process. Upon your request, a collector must provide proof of their right to collect, as well as an accounting of the amount claimed. Further, an internal memorandum reiterating the information provided in the collection letter does not satisfy the obligation. Documentation must be solid and objective. If the collector cannot provide the requested proof, they must cease all collection efforts. But you must request this documentation within 30 days.
Collector Do’s and Don’ts
Under the FDCPA collectors face a long list of prohibited behaviors. Many of these rules are ignored, bent, and often broken. Here is a sampling of behaviors which collectors are prohibited from engaging in:
- Contacting consumers by telephone before 8:00 AM or after 9:00 PM
- Calling the same consumer in a repetitious manner
- Threatening to make embarrassing contacts with an employer or other person
- Contacting a consumer at his place of employment after the consumer has advised the bill collector not to do so
- Inquiring about personal property, and implying that these items may be confiscated to satisfy the debt
Cease Communication Letter
You have the right under the FDCPA to demand that a collector cease all communication with you. But like many credit repair tools this must be used with caution. If you choose this course of action, just put your demand in writing. A cease communication letter will not prevent collectors from filing suit against you, but it will stop telephone calls and collection letters. Be aware that 5% of all complaints received by the FTC about FDCPA violations in 2007 related to collectors ignoring cease communication letters. If the calls keep coming you should send the letter again, only this time send it certified and copy the FTC.
Problems Before Statute of Limitation Expiration
Credit repair requires knowledge; you must understand the possible consequences of your actions. If you send a cease communication letter to a collector prior to the expiration of the statute of limitation (SOL) you may push them to file suit. The SOL for debt is state specific and debt-type specific. You can find the information on the web. But be careful. A collector may apply the SOL from the state where the contract originated or your current state of residence, so check both. On the other hand filing suit can be expensive and is not always the best move for a collector. Many collectors return the debt to the original creditor upon receipt of a cease communication letter. This may mean that another collector will be in touch soon and your credit repair efforts may need to be renewed.
Getting to Know Your Statute of Limitation
If you get a collection letter you should check your SOL. The SOL clock starts with the date of original default on the original debt. Collectors are notorious for “accidentally” resetting the clock. Many people starting a credit repair program discover how frequent this practice is when they examine their credit reports. The date of original default is the first time you were late in the sequence that led to the charge-off or collection status. Also note that the SOL for collection has nothing to do with the reporting limit on your credit report. The SOL for debt is usually far less than the normal seven-year limit for credit reporting.
Credit Repair Solutions After SOL Expiration
If the SOL on the debt has expired you are home free. Here is a bit of credit repair magic. A collector can attempt to collect beyond the SOL, but since they can’t get a judgment they have no way to enforce their efforts. A cease communication letter will put and end to their presence in your life. You have other options as well. Remember that the SOL is different from the reporting period limit on your credit report. The collector may have no way to enforce a collection, but it can continue to show on your credit report. If you would like to negotiate the debt, now is the time. Any money a collector gets past the SOL is a gift, so start your offer as low as you wish. You may even be able to negotiate for complete removal from your report, a perfect credit repair outcome.
Copyright © 2007 Sky Blue Credit Repair. All Content. All Rights Reserved
Credit Repair: Exercise Your Legal Rights!
Take Control!
Don’t imagine that other people always play fair. Look out for yourself. Knowing your legal rights can make all the difference in the world. Here is our take on some essential rights and remedies that can save you money and put you back where you belong – in control.
Credit Repair and FCRA Reporting Limits
The Fair Credit Reporting Act (FCRA) is the law that stipulates the amount of time derogatory information can remain on your credit report. Most people attempting credit report repair are aware that most derogatory information can report for up to seven years. This is easy to calculate for a simple item like a late payment. If you were 30 days late on a credit card payment in January of 2001 the late payment can continue to report until January of 2008.
Credit Repair and Modified Reporting Limits
The FCRA offers a different approach to calculating the reporting period for charged off accounts and collections. If you are in a credit repair program and trying to calculate drop-off dates you need this information. Rather than limiting the reporting period to seven years for these two events, the FCRA instructs the credit bureaus to count seven years plus 180 days from the original default date. And there are good reasons…
Charge Off Reporting Limits
A charged off account is unique inasmuch as it is not an isolated event but rather the outcome of an earlier default. The seven year plus 180 day rule creates a measurable start date for reporting period calculations. So, if you were 30 days late on a credit card payment in January of 2001 and never made another payment, the last date derogatory information can show on your credit report is June of 2008. This is the case regardless of when the creditor charged off the account.
Collection Reporting Limits
Reporting periods for collections are counted in the same way, but for different reasons. Collectors live in a world of their own, buying and selling collection accounts with a surprising frequency. There are many reasons for this behavior; the chief reason being that as soon as a collector determines a debt is uncollectable the only value it has is as a salable commodity. Because collections change hands so often people attempting credit repair are often confused about reporting period limits.
Reporting Periods Cannot be Reset
The reporting period for a collection begins with the original default date on the original debt and ends 180 days plus seven years later. And nothing can reset it. The FCRA is clear that nothing can reset the reporting period including the sale of debt, payments made to a collector during the life of the debt, or any disputes about the account made to creditor, collector, or credit bureau. But don’t confuse the reporting period limits with Statute of Limitations on collectability…
Reporting Period Vs Statue of Limitation
Understanding SOL rules will allow you to exercise several powerful credit repair possibilities. The Statue of Limitation (SOL) on a debt is the length of time it can be collected through the courts, and varies from state to state. You can easily find your state SOL on the internet. Of interest to anyone in a credit repair program, the expiration of an SOL will not stop collectors from attempting to collect. Collectors are well aware that most people have no concept of SOL and are happy to take advantage.
Don’t Ignore a Summons
Aside from basic collection efforts like phone calls and letters, collectors will often attempt to obtain a judgment after the expiration of the SOL. You may be surprised to hear that they often succeed. If you get sued by a collector beyond the SOL you must file a response with the court within the time allowed in the summons. If you do not respond the collector will prevail in spite of the expired SOL. You must positively affirm your SOL defense! Credit repair requires action.
Collections beyond the Statute of Limitation
If you get a collection letter check the SOL. If the debt is beyond the SOL you have several fantastic options. If you want the collector to leave you alone, just send a Cease Communication Letter demanding they stop all attempts to contact you. Once they get the letter there is nothing further they can do. Here’s a great credit repair tip. If you want to pay the debt you have a major edge in negotiating a payoff. Just make it clear to the collector that you are aware of the SOL and they should be happy to settle. Try calling the last week of the month. You may even be able to negotiate to have the collection removed altogether from your credit report. That’s credit repair gold.
Credit Repair and Cease Communication Vs Debt Validation
Be careful about using a Cease Communication Letter on debt that is within the SOL. You might push them into legal action. If you get a collection letter on a debt that is still within the SOL send a Debt Validation Letter instead. It’s a great credit repair tool; the Fair Debt Collection Practices Act requires collectors to provide proof of their legal right to collect as well as an accounting from the original creditor of the amount claimed. You have 30 days exercise your rights. If they respond you will have peace of mind knowing they own the debt and the amount is correct. But there is a fair possibility that the collector will not be able to furnish the proof you have requested. If that is the case you will not hear from them again and they will have to stop reporting. Not a bad outcome either!
Copyright © 2007 Sky Blue Credit Repair. All Content. All Rights Reserved.
Credit Repair Essential Guidelines
Let’s Get to Work!
We speak with people all day long about their credit reports. Here is a review of the most common questions that we encounter about reporting periods for derogatory information, as well as guidance on resolving the related issues. These details, if properly understood and acted on, can make a significant difference in your credit score.
A Point of Caution
The following information involves the reporting periods for derogatory information on your credit report. In all cases, creditors are responsible for recording the commencement date of the reporting period. This date is coded in the credit file that is furnished to the credit bureaus, and eventually will tell the credit bureaus when to cease reporting. This commencement date is supposed to be inherited by subsequent collectors as well. In actual practice, neither creditors nor collectors are completely diligent in reporting or maintaining these important dates, hence the need for credit repair. Consumers are well advised to monitor old derogatory information to insure that it ceases reporting on schedule.
Chapter 7 Bankruptcy
A discharged Chapter 7 bankruptcy will show in the Public Records section of your credit report for 10 years from the initial filing date – please note that the filing date is different from, and prior to, your discharge date.
Debts that are discharged in a bankruptcy can continue to report for seven years. Handy credit repair tip! Once a debt is discharged it should not report with a past due balance, or as a charge off, or in a collection status; this derogatory information should be removed.
Dismissed Chapter 7 bankruptcies will report for ten years. A dismissed bankruptcy is a bankruptcy which was filed and thereafter canceled or disallowed.
Chapter 13 Bankruptcy
A Chapter 13 bankruptcy which has been completed will continue to report for seven years from the initial filing date, rather than the discharge date.
A Chapter 13 bankruptcy which was not completed will continue to report for seven years from the initial filing date.
Bankruptcy and the Fair Credit Reporting Act – A Legal Note
It may be of interest to note that the only reference to bankruptcy in the Fair Credit Reporting Act is a blanket rule that limits the reporting time to 10 years following the filing date. See § 605. [15 U.S.C. §1681c] (a). The credit bureaus, however, voluntarily make exceptions for Chapter 13 bankruptcies as noted above.
Collections – Overview
Collections are unique for the reason that they typically change hands, often several times during their lifetime. Important credit repair tip! Please note that only one collector at a time can legally report the debt; and only the collector that owns the debt can legally report it. All duplicate collection accounts for the same debt should be deleted from your credit report.
Collections can report for seven years plus 180 days from the original default date. The original default date is defined as the first time that you missed a scheduled payment prior to entering into a collection or charge off status. The original default date always begins with the original creditor and cannot be reset, nor can the reporting period ever be extended by subsequent collectors.
Charged Off Credit Cards – A Tip
Once a creditor has passed a charged off account to a collector they cannot report a past due balance. The balance should report as zero; the charged off amount may report on a separate line.
Unpaid Judgments
Unpaid judgments can continue to report for seven years or until the governing state statute of limitation has expired, whichever is longer. You need to check your state statute of limitations to know for sure. State statute of limitations for judgments range from 4 years (PA) to 21 years (OH), and in some cases may be renewed one or more times.
Paid Judgments
Paid judgments can report for seven years from the initial filing date. This is handy to know if you are in a credit repair program; you may quickly remove a judgment from your report if you are willing to pay it, as long as the original filing date is seven years old. For legal support see FTC Official Staff Commentary § 605(a)(2): “Paid judgments cannot be reported for more than seven years after the judgment was entered, because payment of the judgment eliminates any “governing statute of limitations” under this subsection that might otherwise lengthen the period.”
Tax Liens
Paid tax liens may not report more than seven years beyond the date of payment. Unpaid tax liens may report as long as they are in effect. If you are in doubt consult a CPA or tax attorney.
Student Loans
Late payments on your student loans will cease reporting after seven years. Defaulted student loans are another story…
A 1991 amendment to the Higher U.S. Department of Education Act lifted all time limits for collection of student loans. The reporting of defaulted student loans on your credit report can now go on forever. In addition, a 1998 change in federal law made it virtually impossible to discharge a student loan in bankruptcy.
If you are in default on a student loan you are well advised to address the issue, sooner rather than later. Fortunately, there are excellent rehabilitation and consolidation programs now available to everyone. These programs offer affordable repayment options and can even erase the default status from your credit report! This can prove to be a painless and powerful step for anyone in a credit repair program. Explore your options today with the Student Loan Ombudsman Office at (877) 557-2575.
Copyright © 2007 Sky Blue Credit. All Content. All Rights Reserved.
Resolving Defaulted Student Loans
The Time to Act is Now!
Do you have defaulted student loans? The government has an impressive array of tools for collecting on defaulted student loans. Fortunately, the law also provides you with a way to cure the problem starting right now!
There is Still Hope!
There is no statute of limitation for collection of student loans. Forget about hiding out until the collectors give up and fade away. They will hunt you down forever. And to make it worse student loan collectors have special powers that can make your life a misery. Fortunately federal law provides a variety of options that will aid your credit repair effort, help you stop collectors, and even come out ahead!
It’s Up To You
If you take action you can stop collectors, reduce your payments, and have the student loan default status removed from your credit. But you have to initiate these efforts. If you don’t take action no one will help you and the situation will get worse. Are you are involved in a credit repair program? You have everything to gain by acting today. Let’s take a look at the powers the government has, and then explore the tools that you can use to put an end to the hassles once and for all.
Say Goodbye to Your Tax Refunds
If you are in default and have a tax refund coming you should expect it to be taken by the government. This is a virtual guarantee. If you want to avoid this action while you determine your options, you should act today to eliminate your next tax refund so that there is nothing to seize. This is easily done. Just decrease the amount of income withheld by your employer, or reduce your estimated tax payments if you are self-employed.
The Paycheck Surprise
Student loan collectors now have the right to garnish your wages without a court order. At the moment they are allowed to seize the lesser of 15% of your disposable income, or the amount of your disposable income in excess of $154 per week.
Social Security is Now Fair Game
In 1996 a law was passed allowing student loan collectors to seize the Social Security income of student loan defaulters. But there are limits to the amount that can be seized. The first $9000 per year, or $750 per month, is safe. And under all circumstances there is a limit of 15% of your total benefits that can be taken.
Cancellation of Student Loan Debt
It is theoretically possible to cancel your student loan debt if you had serious trouble with your school (such as it closing down while you were enrolled), if you became totally and permanently disabled after you took out the loan, or by convincing a judge to dismiss the debt in bankruptcy. If you pursue one of these options you should expect to be faced with extreme documentation requirements and slim odds of success. I’m sorry to say that after almost twenty years of counseling people on credit repair I have never seen anyone succeed in canceling their student loan debt. Fortunately there two easy methods of resolving your student loan problems that will help you stop collection efforts and establish a reasonable, affordable payment plan.
Student Loan Consolidation
There are two types of consolidation plans available based on the type of student loan you have. Most student loans are either FFEL loans (Federal Family Education Loans) or Direct Loans. FFEL loans are given by banks or institutions and guaranteed by the government, Direct Loans are obtained through your school, but come directly from the government. Stafford Loans, Guaranteed Student Loans, and Plus Loans may be either FFEL or Direct Loans. The FFEL plan requires that you pay at least the interest due each month. The Direct plan has no set minimum. You can qualify for the Direct plan if you have at least one Direct Loan, even if all of the others are FFEL loans. Are you in a credit repair program and considering your options, but are concerned about your budget? Both plans offer the possibility of up to three years forbearance (no payments) after consolidation.
Rehabilitation
Rehabilitation, unlike consolidation, will not allow you to combine your existing loans into a single new loan, but it does have the benefit of eliminating the default status from your credit report, which makes it attractive for those in credit repair programs. Like consolidation you have the right to request a payment plan that is affordable to you. Rehabilitation requires a trial period where you will be expected to make nine of your next ten payments on time. Once you have completed the trial period your loan will be sold to a new lender and the default status removed from your credit report.
Getting Started
Before approaching your lender or collector to discuss your choices I strongly recommend that you contact one of the resources established to provide guidance on these issues. Please contact the Student Loan Ombudsman Office at (877) 557-2575, or the Federal Student Aid Information Center at (800) 4FED-AID to discuss your rights.
Copyright © 2007 Sky Blue Credit Repair. All Content. All Rights Reserved.
Credit Repair: Student Loans
A Tough Spot
There is no statute of limitation for collection of defaulted student loans. And unless you are totally and permanently disabled, there is no way that you can discharge your student loans in a bankruptcy. What to do? Here are some insights and a couple of fantastic solutions.
The Default Story
Legally, a default occurs the first time you fail to make a payment when it is due. But if you fail to make your student loan payment for 180 days, your loan will enter the “official” default status and take on a life of its own. This is the point at which the lender will report your student loan as defaulted to the credit bureaus. It is also the point at which a long list of bad things can start to occur. Your tax refund checks can be seized and your wages can be garnished.
What Happened?
Why are student loans so different from all other debts? Well, prior to 1991 the U.S. Department of Education was empowered to collect delinquent student loans for only six years. But in 1991 an amendment to the Higher U.S. Department of Education Act lifted all time limits for collection. And the amendment was retroactive; student loans that were past the statute of limitation for collection prior to the amendment became collectible again. And to further reinforce the longevity of student loan debt, a 1998 change in federal law made it virtually impossible to discharge student loan debt in a bankruptcy.
The Reason for All This
The theory behind making sure that student loan debt can be collected forever is simple; the cost of student loans can be kept low by minimizing the number of borrowers that don’t repay. And since education, and the availability of low cost education loans, is always a political priority, it was not all that difficult to enact these changes.
The Ultimate Collectors
There is simply no way to escape the U.S. Department of Education and their army of private collection agencies that collect on their behalf. In addition, Sallie Mae, the nation’s largest student loan lender, has been purchasing collection agencies to track you down. So, what if they find you and you say you have no money? Well, the U.S. Department of Education now has the right to garnish wages, grab your tax refunds, and even seize your Social Security Checks (you read that right!), all without a court order. And, although Sallie Mae does not wield the same powers, they have started to turn over hard cases to the U.S. Department of Education to get the job done. Anyone attempting credit repair must realize that student loans must be dealt with head on, and the sooner the better.
Credit Repair Options
There are two great solutions that are designed to solve all of your student loan problems. Both of these options can stop all collection activity, lower your interest rate and payment, and reinstate your right to borrow more money for school (in case you want to go back to school). There are no qualification requirements and you are not punished for having bad credit. Everyone gets the same low interest rate. These two options are consolidation and rehabilitation. Both are a good fit with any credit repair process.
Student Loan Consolidation
Just contact the lender or collector and tell them that you would like to consolidate your defaulted loans. You will be required to make three monthly payments on time. Once you have done this you will qualify for consolidation. If you are attempting credit repair you should note that after consolidation your credit report will be updated to show the consolidated status, but the default notation will remain, like most derogatory information, for seven years. If you are in a rough patch the consolidation program allows for up to three years forbearance. Ask your lender for details. My focus has been on defaulted student loans, but it may be handy to note that you do not need to be in default to enjoy the benefits of consolidation.
Rehabilitation
This is a slightly longer process, but has the extra benefit of removing the default status notation from your credit report. To rehabilitate your loan you need to make nine to twelve consecutive on-time payments (depending on which type of student loan you have). Once you have completed this process your loan is considered “seasoned” and is sold to a new lender, and the default is wiped off of your credit. Once done, it is like it never happened. If you are attempting credit repair you should note that your payment history, including any late payments that you made, will remain, but your credit score will benefit from the removal of the default. Borrowers are allowed to rehabilitate a defaulted student loan one time only. As always, contact your lender to discuss the details.
Copyright © 2007 Sky Blue Credit. All Content. All Rights Reserved.