Re-aging on credit report

[puck4007]

Eight years ago I had a disputed bill go to collections. The original creditor turned me over to a collection agency, who then reported the item to the credit bureaus. The bill was listed as a negative item on my credit report for the usual time - 7 years - and then came off last year.

But - I just received a collection letter in the mail from a second collection agency for the same bill - same original creditor, amount, date, etc. I called the collection agency and told them I was not verifying the validity of the bill, but wanted to know how they could put something back on my credit report after it had already been reported and then dropped off. Their response was that they were surprised the original creditor even bothered with the debt due to the age of it, but since it was turned over to them they would be reporting it anyway. I asked if that was a violation of the FCRA - from what I've read an item cannot be resubitted with the sole purpose of keeping it on your credit report longer. Their response to that was that they didn't know but they would report it anyway.

Is this a violation and if so what can I do about it? I've worked hard these last few years to clean things up and the possiblity that old things can just be resubmitted is very depressing.

A secondary question would be should I bother doing anything about it? Based on what I've read on here, the FTC doesn't seem all that concerned about actually enforcing the FCRA on behalf of individuals. The debt is not valid and I do not want to pay it, but if my only other option is letting this stand for another 7 years I think I might have to.

Side note: I have verified this debt is way past the statue of limitiations in my state.

Any thoughts would be appreciated.

[ntnsllc]

I would send them a Debt Validation request immediately. In that DV letter ask them to prove that the debt has not expired the statute of limitations. SOL is really just a defense when you're sued...but letting them know that you know the rules will probably have it deleted immediately. Remember, just because seven years has past, doesn't mean you no longer owe the debt (if it was legitimately yours). It just means they can no longer attempt to collect on it. If you make ANY payment on it to that CA...even $1 will re-age the account and the clock will start ticking for another seven years that the CA could be listed on your reports. Do not even make a verbal agreement to send a payment. Just tell them on the phone that you question the validity of the debt they are trying to collect and notify them you'll send a written request for validation by mail once you've recvd the collection notice from them in the mail. (by law they have a certain amount of days after contacting you by phone to notify you of the collection attempt in writing by mail)

If you never hear from them again, I would certainly check your reports in another month or so. I'm sure you'll find they haven't bothered to report it. They're probably threatening to report it to get you to pay $1 so they can re-age it.

[J.A.]

I wouldn't even bother contacting them. Reason being, once it has reached the statue of limitations for reporting (7 years), they can no longer report to the credit bureaus. So they are lying about reporting the item, and they also bought this account (they are junk debt buyers). They are aware of how old it is, they don't think you know. Let it go.

[Lian]

There are no limitations on when and for how long a credtior or debt collector may report to a CRA. They can theoreticaly report forever.
The limitations of FCRA 605(a) (e.g., 7 years from date of monthly delinquencies, and 7 1/2 from DOFD for COs and CAs) are not imposed on the reporting party, they are imposed on the CRAs. It is the obligation of the CRAs to montor your credit file, and determine if a delinquecy or derog has passed its CR inclusion period. Thereafter, it is the obligation of the CRA to cease its inclusion in your CR. Essentially, derogs and delinquencies can be reported to any remain in your credit file without time limitations. The CRA simply "blocks" such information from credit reports they issue after those dates.
If such prohibited information remains in your CR, the recourse it to file a complaint with the CRA for their violation of FCRA 605(a), and not to dispute with the reporting creditor/debt collector.
Similarly, expiration of any of the CR inclusion periods does not itself preclude continued collection activities.