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To: AFreeBird

Under the FDCPA, after 7 years the debt is null and void unless a court order was obtained by the creditor for payment of the debt. After 7 years, it must not be included on your credit report, it is considered uncollectable.


14 posted on 09/27/2007 1:38:16 PM PDT by mkjessup (Jan 20, 2009 - "We Don't Know. Where Rudy Went. Just Glad He's Not. The President. Burma Shave.")
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To: mkjessup

UNLESS YOU ACKNOWLEDGE THE DEBT!

That’s the important part. If they can get you to admit to the debt even after 7 years, the clock starts ticking again.

Just answer (or don’t even bother) that you don’t know anything about the debt. Period.


26 posted on 09/27/2007 2:12:25 PM PDT by Philistone (Your existence as a non-believer offends the Prophet(MPBUH).)
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To: mkjessup
Under the FDCPA, after 7 years the debt is null and void unless a court order was obtained by the creditor for payment of the debt. After 7 years, it must not be included on your credit report, it is considered uncollectable.

Not true. You mean the FCRA and even then it's not true. The 7-1/2 year reporting period deals only with how long the debt may remain on your credit report. It has nothing to do with whether the debt is valid. A debt is perfectly collectable after 7 years. They can attempt to collect it forever. After your state's statute of limitation runs, they can no longer sue you for it. At that point they can continue to try to collect it until you tell them to stop contacting you (if you are dealing with a third-party collector).

Also keep in mind that the FDCPA only applies to third-party debt collectors. It does not apply to the original creditor. You can tell the original creditor to stop calling util you're blue in the face and they can keep on calling. As long as it doesn't rise to illegal harassment, there is nothing you can do.

31 posted on 09/27/2007 2:25:53 PM PDT by BearCub
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