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  1. #1
    Join Date
    Oct 2007
    Posts
    5

    Default How To Fight False Activity Updates On A Credit Report

    I live in MA where the SOL is 6 years. I just passed that point on several charge offs. When I look at my credit I see activity reported within the last year or 2.

    After reading extensively I understand that the CA do this on purpose when the purchase an account, or just in general to continue to extend the SOL.

    I'd like to make it clear that in 6 years I have absolutely made NO contact with any of the creditors or CA's, I have no initiated any payment, I have not agreed to any payment, I have never spoken to them or written to them once in over 6 years. Basically I have ignored these charge offs for all this time.

    Also reading thru the forum I understand it is best to find paperwork to prove the last true delinquent date in order to establish the beginning of the SOL. My problem is that I have no paperwork whatsoever, no old credit reports, no old statements, pretty much nothing.

    Shouldn't the burden of proof be on the CA's? If I show up to court and state that my SOL has expired then shouldnt it be the CA's who have to provide some kind of proof that I initiated payment? Can they just basically put a new activity whenever they feel like, which does not have to be proven? Kind of crazy.

    I'd appreciate any advice in going forward with this. Thanks much.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: How to fight false activity updates in SOL case?

    Q: Shouldn't the burden of proof be on the CA's? If I show up to court and state that my SOL has expired then shouldnt it be the CA's who have to provide some kind of proof that I initiated payment?

    A: It is up to you to assert the SOL since it is a defense and you are the defendant. That then shifts the burden of proof to the plaintiff to prove that the defense is crap.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: How to fight false activity updates in SOL case?

    Are you being sued over these debts, or does your complaint relate only to the "date of last activity" on your credit report?

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: How to Fight false Activity Updates in a SOL Case

    Some debt collectors report a collection acct. with a more recent date such as the date the coll. agcy. first tried to collect on the account rather than the date the debt first became delinquent. This is called re-aging is actually against the law.

  5. #5
    Join Date
    Oct 2007
    Posts
    5

    Default Re: How to Fight false Activity Updates in a SOL Case

    Thanks guys for the answers. This is an old credit card debt that is actually over 7 years old and JUST FELL OFF MY CREDIT. So I can't even see the last activity, but I know a year ago it was a year before that, so if nothing else has changed the last activity is 2 years according to the CA.

    I just got a settlement offer from an attorney/CA for 40% of the total amount, which of course is padded with interest, etc. I'm wondering if it's better to just pay the 40% and have done with it, or to try to go to court and invoke the SOL. Only problem is proving it. Would the original creditor have any of that information?

  6. #6
    Join Date
    Oct 2007
    Posts
    5

    Default Re: How to Fight false Activity Updates in a SOL Case

    I just found an old credit report, from Jan 06. I see the account on there, but it's quite odd, it shows the following conflicting information:

    Opened 10/2005
    Closed 10/2000 (not a typo)
    Reported 12/2005A
    Max Delinquency 11/2003 Charged off
    Last Activity Blank!

    I don't understand the conflicting numbers at all. The closed date of 10/2000 is about the date I stopped paying it, the other dates make no sense. Will the closed date be enough to establish a SOL of 6 years? Keep in mind that it just fell off my credit, shouldn't that be proof that it's over 7 years old?

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: How to Fight false Activity Updates in a SOL Case

    It could be a clerical error ("Opened 10/2005"), or as Betty3 indicated this could be unlawful reaging. Check your current credit report to see if there was an error which has since been corrected. (You can get your reports free, once per year, at annualcreditreport.com.)
    Quote Quoting spinedoc
    View Post
    I just got a settlement offer from an attorney/CA for 40% of the total amount, which of course is padded with interest, etc. I'm wondering if it's better to just pay the 40% and have done with it, or to try to go to court and invoke the SOL. Only problem is proving it. Would the original creditor have any of that information?
    That could be a junk debt buyer. A typical junk debt buyer, paying pennies on the dollar for old debts, will often know that a debt is uncollectable in court but nonetheless will make a settlement offer hoping that the debtor will not know that and will pay part of the balance anyway.

  8. #8
    Join Date
    Oct 2007
    Posts
    5

    Default Re: How to Fight false Activity Updates in a SOL Case

    Quote Quoting aaron
    View Post
    It could be a clerical error ("Opened 10/2005"), or as Betty3 indicated this could be unlawful reaging. Check your current credit report to see if there was an error which has since been corrected. (You can get your reports free, once per year, at annualcreditreport.com.)
    They don't show up on my credit report anymore, they have dropped off since it's been longer than 7 years.


    Quote Quoting aaron
    View Post
    That could be a junk debt buyer. A typical junk debt buyer, paying pennies on the dollar for old debts, will often know that a debt is uncollectable in court but nonetheless will make a settlement offer hoping that the debtor will not know that and will pay part of the balance anyway.
    Does it matter if it was from an attorney? Even though on the back in fine print it says "At this point in time, no attorney with this firm has personally reviewed the particular circumstances of your account." I just keep thinking since it was from an attorney that the next step is a summons.

    Anyone think it's possible to contact the original creditor and get my last delinquent bill?

  9. #9
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: How to Fight false Activity Updates in a SOL Case

    There are law firms which are junk debt buyers. There are others who engage in dubious arrangements with collection agencies to send out letters like this, as you note, without having actually reviewed the claim for its legal merits. (To me, that disclaimer is enough to make me doubt that the claim is valid.)

  10. #10
    Join Date
    Oct 2007
    Posts
    5

    Default Re: How to Fight false Activity Updates in a SOL Case

    Thanks guys, at this point I've decided to continue to ignore it until I get an actual summons (mainly because it seems once you ask for validation a lot of CA's will automatically send a summons). At that point I will ask for a validation. I am assuming the validation will include my last bill, or something showing the last time I paid. With that I will go into court and invoke the SOL.

    If I don't get a validation, I will try and use my last credit report which shows the closed date of 2000. At that point I would assume it would be up to the CA to prove that I initiated payment after that date.

    As I mentioned the last activity does not come up. It is blank on the 1/06 credit report, and they are completely off my new credit report as it's been longer than 7 years. I think explaining that it's been longer than 7 years and it's dropped off my credit (maybe a letter from the CRA's), and the closed date of 2000, and the lack of proof that I payed after that date should be enough for the judge, no?

    Any opinions?

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