Reply to Just received a collection notice - insurance lapse that is over 10 years old

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[quote=Anonymous][quote=Anonymous]12 year statute of limitations.[/quote]

That is not true. The statue of limitations on unsecured debt in the State of Maryland is 3 years. The debt can stay on the report for 7. The KEY THING IS: do not agree to pay them any thing, no installation payment, nothing. Once you send one cent to them, the statute of limitations time clock is set back to ZERO and it goes on from there.

[b]The credit report dispute process is fairly simple. Write a letter to the credit bureau saying you’re disputing the information because it is outdated. Send your letter via certified mail with return receipt requested so you’ll have proof of the date the letter was sent and a signature from the person who received it. If the credit bureau doesn’t respond within 30 days, they’re in violation of the Fair Credit Reporting Act. The certified mail receipt will help if you decide to involve the Federal Trade Commission or file a lawsuit against the bureau.

As long as the dates on your credit report show that the old account should have already been removed, your dispute should go smoothly. However, if your credit report is showing a delinquency date that’s within the credit reporting time limit, you’ll have to send proof that the delinquency date is inaccurate. An account could have an inaccurate date after it’s sent to a collection agency, who often give debts a new date when reporting to the credit bureau. This is illegal and you’re well within your right to have the account removed as long as the original date of delinquency was more than seven years ago.

Once you dispute, the credit bureau is required to do an investigation with the business that reported the account and update your credit report if the business agrees that your dispute is accurate. However, if the dispute comes back as “Verified,” you have more work to do.

When to Dispute With the Creditor

If the credit bureau has done its investigation and has “verified” with the creditor that the account was within the credit reporting time limit, you should now dispute with the credit card issuer (or whichever business listed the negative information). Your dispute letter will look very much the same. State that your credit report shows an inaccurate delinquency date for the account. Give the true date of delinquency if you have it. You may be able to get the delinquency date from an old billing statement, past due notice, or previous credit report if you saved any of these.

Just like credit bureaus, the business is required to investigate and respond to your dispute within 30 days and have the credit bureau update your credit report if necessary.

Don't Confuse the Statute of Limitations

Make sure you’re not confusing the credit reporting time limit with the statute of limitations on debt. It’s a common mistake because both have to do with how long companies can take certain action on delinquent accounts. The credit reporting time limit is defined by the Fair Credit Reporting Act and specifies how long accounts can stay on your credit report. The credit reporting time limits is pretty much the same for every type of debt (except bankruptcy) regardless of your state of residence.

The statute of limitations on debt, on the other hand, has nothing to do with the credit reporting time limit. Instead, it defines how long a creditor can bring legal action against you for a debt. The statute of limitations varies by state and by type of debt. It doesn’t result in an automatic dismissal of your debt. Instead, you have to prove the statute of limitations has passed if you want the case dismissed. Debts can still appear on your credit report even if the statute of limitations has passed.
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