[robseattle]

Hello,
I am in a severe bind. I currently in the military and trying to make things right so I can realize my dream of becoming an officer. As it happens, I have a few debts that are ancient but still appear. I have contacted my "friends" at Dekalb County Solutions (collection agency) who were so nice as to tell me when I called... basically I asked for debt validation to be sent, they gave me the reacharound about them having to original account number and apparently there is a "watch report" associated with my credit report. Creepy. I was going through CreditGuard and that didn't pan out, I have been considering Lexington Law Firm, any advice? As far as I was told, collection agencies are easy to remove from one's report. I have also been told that basically if a person chooses to go to small claims court, that the collection agency wouldn't bother showing up.....any truth? And forced validation? How does that work? I am so for attacking these ba$tards and know there are many out there that feel the same way. So, any advice would greatly help. I am sick of having the rude mail come in and being denied credit because of old accounts and ones that can seemingly enough, be erased.

[Pale Rider]

How old are the accounts? They should only report for approximately 7 years from date of the first delinquency where the account was never brought current.

What state are you in? What state were you living in when the accounts went into default. We can try to figure out what the SOL is to see if the collectors might sue or not. Have you been moving around while in the military?

[robseattle]

Well, I have moved around a great deal due to the military. I am currently in El Paso. I am unsure as to which state I was in when any of these accounts went into collections. It is frustrating beyond belief. This company in Sycamore, Illinois which has the collections account got very defensive when I explained that the account was old and I wanted validation mailed to me. They said " what proof do you have that it is old?" Apparently, I am supposed to have notification from JC Penney? As far as the rest, I have thought of going down various avenues such as small claims court based on that these companies are located elsewhere. Would they fly someone to El Paso? Have a "rep" here that would appear in court? As far as credit repair firms, I have gone with CreditGuard and had minimal success. I have thought of utilizing Lexington Law Firm. All of my negative items on my report are in collections. From what one source said, collection agencies are not overly difficult to have removed. I would like to buy into that. This company that I mentioned above also told me that I have some sort of "watch report" where there is some sort of red flag whenever I apply for anything, I am not sure what he technically means. The good thing is, I have a car that I voluntarily gave back and it was charged off in 2000 and says that it is scheduled to remain on my report until November of this year, there is $15,000 off. I have also heard that forced validation is also a great measure to take.I know this is alot to digest, what are your thoughts?

[Pale Rider]

Was the request for validation in writing?

Moving around may or may not complicate the SOL. Texas has a 4 year SOL for all debts, and you may be able to use that if they tried to sue. If you never made a payment over the years or admitted to the debt in a signed letter you are probably ok. They cannot sue you in small claims, and if you sue them it would be better to go to a higher court.

Would they send someone? Depends on the amount and if they had a real case that was not past SOL? Or, they would hire a local firm to sue on their behalf.

The credit reporting agencies do sell products to collectors that let them know when there is certain activity on the report. They figure if you are trying to get a loan, you have enough money to pay them, and they start contacting you again.

Start by reading this several times. It is your guide to how to deal with collectors in Texas, and the rules they must follow during a dispute. Make sure all disputes are in writing.

FINANCE CODE CHAPTER 392. DEBT COLLECTION

Dispute the car tradeline now. I bet it will come off early. They have no incentive to verify, and you have nothing to lose if it does stay on until November.

Keep reading here and save your money. With a little effort and patience, you can do this yourself.

[jlynn]

Originally Posted by Pale Rider

Was the request for validation in writing?

Moving around may or may not complicate the SOL.

Someone was saying just the other day, that soldiers' "home" state, is what they would use for SOL.

[robseattle]

You are amazing, I thank you sincerely for that added knowledge. As far as the car, what would you advise as far as taking steps to eradicate that from the report? After that, I should be maybe 5,000 in debt. I have lived in Texas since May 31, 2005...would the SOL be on my side as far as that?
Silly thing is, some of my debts are for maybe 300 - 1,000. It would seem petty for them to persue it in court. I really don't want to hire a firm to do what can be done otherwise, such as the dispute writing.
If I were to start this process of disputing all of this, how would you start and make it work? I really want to erase all debts as they are in collections. I have been told that getting collections off your credit report isn't difficult, do you agree?
You had mentioned that the SOL for Texas is 4 years, do you believe that would include me being that I have a residence here as well as a home of record...as per my re-entry into the military?
As far as the verification, I have heard that those are very effective. Any truth to that? I believe I made a mistake by disputing with Experian online.
I have also read from what you wrote that the Finance Code is how to deal with collectors in Texas. A majority of all 6 out of 8 are out of Texas.
What do you advise?

[robseattle]

Thank you Jlynn, I have resided in Texas for the last 3 years and regained entry into the military in Texas, so if I am not mistaken, Texas would be it.

[Hedwig]

Don't pay anything, and by saying something like "it is old," you are telling them that you are aware of the debt.

You should be telling them that you don't recall this debt. They need to prove that the debt is yours and that the amount is correct. Most of these debts are with collection agencies, and they may not have proof that it is yours. If not, don't pay.

[Pale Rider]

Originally Posted by robseattle

I have also read from what you wrote that the Finance Code is how to deal with collectors in Texas. A majority of all 6 out of 8 are out of Texas.
What do you advise?

It matters more where you are. You are in Texas and they are trying to collect from you in Texas, so they must follow the Texas rules. You should dispute these things in writing to create a paper trail. That starts the process, and they have to follow the rules in TFC 392.

[jlynn]

Originally Posted by robseattle

I have also read from what you wrote that the Finance Code is how to deal with collectors in Texas. A majority of all 6 out of 8 are out of Texas.
What do you advise?

All 8, since you are in Texas, have to follow TX law. Chapter 392 of the TX Finance Code is your friend.

Lots of info on this site on how to utilize it.

[robseattle]

So, if they are pursuing i debt and it is over the SOL, does that make it basically null and void? Therefore warranting removal?

[robseattle]

If so, then I may be good to go. I am led to believe that 4 -5 of these debts are 6 years and above.

[jlynn]

Originally Posted by robseattle

So, if they are pursuing i debt and it is over the SOL, does that make it basically null and void? Therefore warranting removal?

No. There are two different time periods when it comes to debt.

The 7 year reporting period - which allows them to report for 7 years from the date you first went delinquent and never caught up.

SOL - Statute of Limitations. The time period in which they can sue and win. BUT! You have to respond to the suit and raise the SOL as an affirmative defense.

Some states have a Statute of Repose - but I never have really followed it, simply because I do not believe it applies to those of us in the Great State of Texas.

[Pale Rider]

Originally Posted by jlynn

Some states have a Statute of Repose - but I never have really followed it, simply because I do not believe it applies to those of us in the Great State of Texas.

Correct. There are statutes of repose in Texas. But none of them apply to debts for credit.

[robseattle]

So, for me to do this right, the dispute process......does anyone have any strong advice?

[robseattle]

Dispute the car tradeline now. I bet it will come off early. They have no incentive to verify, and you have nothing to lose if it does stay on until November.


Palerider, you had said this, how would I go about this?

[Pale Rider]

You are almost at the 7 year period. Maybe they miscalculated the date?

Dispute the account as "obsolete - past 7 year period" and see if it comes off now. That is if you are sure they are past SOL, and there is no chance of them suing you. Based on what you have posted, I would guess that you are.

[robseattle]

Thanks, Pale Rider
The debt itself is slated to come off in November. The SOL for Texas is 4 years, so should I dispute it via registered mail?

[robseattle]

Basically, how would go about persuing this?