Remove from my credit report item dated 10/2001.
This is well beyond the seven years.
Donald
SANFORD, Florida U.S.A.
1 Updates & Rebuttals
Ashley
Springfield, Missouri, U.S.A.
Time
#2Consumer Comment
Fri, August 07, 2009
If I remember correctly, its not 7 years from when the debt was incurred, its 7 years from the last activity in the account. if you made any sort of payment on the debt from 2001 - present, then the 7 year clock will run from that payment date.
Additionally, check your state. The statute of limitations varies from state to state.
from a debt collection legal site:
"
For example, lets say that you live in Florida where the statute of limitations on credit card debt (open ended credit) is 4 years. You do not make any payments to your credit card company for two years leaving only 2 years to go before the statutory period is up. Suddenly, you decide to move to Georgia, stay 12 months and then move back to Florida.
Florida statutes say that leaving the state or making a voluntary payment tolls (stops) the running of the statutory period. So, on the day you move back to Florida, the remaining 2 year statutory period begins running again.
On the other hand, if you had two years left on the statutory period and suddenly decided to make payments for 12 months but then stopped again, the 4-year statutory period begins running again. In effect you've reset the clock.
In some cases, making an actual payment or making a verbal or written promise to pay can reset or restart the limitations depending on your state code. "
So your debt actually expired in 2005, depending on what state you lived in and when your last payment was. When was yoru last payment made? Also when was the last time you promised you would pay?
1 Updates & Rebuttals
Ashley
Springfield,Missouri,
U.S.A.
Time
#2Consumer Comment
Fri, August 07, 2009
If I remember correctly, its not 7 years from when the debt was incurred, its 7 years from the last activity in the account. if you made any sort of payment on the debt from 2001 - present, then the 7 year clock will run from that payment date.
Additionally, check your state. The statute of limitations varies from state to state.
from a debt collection legal site:
"
For example, lets say that you live in Florida where the statute of limitations on credit card debt (open ended credit) is 4 years. You do not make any payments to your credit card company for two years leaving only 2 years to go before the statutory period is up. Suddenly, you decide to move to Georgia, stay 12 months and then move back to Florida.
Florida statutes say that leaving the state or making a voluntary payment tolls (stops) the running of the statutory period. So, on the day you move back to Florida, the remaining 2 year statutory period begins running again.
On the other hand, if you had two years left on the statutory period and suddenly decided to make payments for 12 months but then stopped again, the 4-year statutory period begins running again. In effect you've reset the clock.
In some cases, making an actual payment or making a verbal or written promise to pay can reset or restart the limitations depending on your state code. "
So your debt actually expired in 2005, depending on what state you lived in and when your last payment was. When was yoru last payment made? Also when was the last time you promised you would pay?