Advice on dealing with old and charged off debt accounts

I have a lot of old debt and charge offs, I want to know the best way to go about clearing these up?

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Bill's Answer: Bills.com Resident Expert

You are correct in thinking that most debt will be removed from your credit report seven years after the date of charge-off.

The term "charge-off" is an accounting term used by creditors, meaning that a creditor has transferred an account from its "accounts receivable" books to its "bad debt" ledger. Credit card issuers are required to do this by the federal Office of the Comptroller of Currency, in an attempt to prevent banks from inflating future earnings statements with old and defaulted accounts. For the consumer, the only real consequence of an account charging off is the account will report as a negative item on the consumers' credit reports. The fact an account is charged-off does not mean the debt is forgiven, disappears, or is no longer collectible.

Charge-off accounts are required to be removed from your credit report seven years after the date of charge-off, so these old accounts will not damage your credit rating indefinitely.

The best way to determine the charge-off date of an old debt is to obtain a copy of your credit report from each of the three major credit reporting agencies — Equifax, Experian, and TransUnion. Your credit reports should list the date that each of the accounts in question were charged off by the original creditor. Even if the accounts have been sold to a third party since the date of charge-off, your credit reports should still reflect the original date of charge-off, as that is the date upon which the credit reporting time guidelines are based.

Third-party debt collectors are not allowed to legally change the charge-off date for an account that they purchase, so the fact that your accounts have been purchased should make no difference in the length of time these accounts will appear on your credit reports. However, debt purchasers have been known to try to change dates of last payment and charge-off in an effort to keep old accounts on consumers' credit reports longer than legally allowed.

If you think that a debt purchaser is reporting an inaccurate charge-off date. You should first contact the original creditor to determine the date you last made a payment on the account. Since creditors charge-off accounts between 180 and 240 days from the date of last payment, you should be able to roughly determine the charge-off date if you know when you last made a payment on the account. If a debt purchaser is reporting a charge-off date that is different from that being reported by the original creditor, you may want to dispute the credit report listing with the consumer credit reporting bureaus. See the Federal Trade Commission document FTC Facts for Consumers: How to Dispute Credit Report Errors for more information.

Once you have determined the actual charge-off date, and confirmed that the account information is reporting correctly to each of the three credit bureaus, you should be able to determine when the accounts will fall of your report. The accounts should be removed automatically from your credit report seven years after the date of charge-off. As mentioned above, it is important that you verify that the information on your credit report is accurate to make sure that these negative accounts are removed from your credit reports in a timely manner.

To learn more about credit, credit reports, and credit scoring, I encourage you to visit the Bills.com credit help page.

I hope this information helps you Find. Learn & Save.

Best,

Bill

Bills.com

Comments (152)


Steve H.
Roslyn Heights, NY  |  May 03, 2012
My son's home is in foreclosure. He could fight it (and live for free) and it probably will take a few years here in Nassau County NY. He wants to offer the bank his immediate agreement to the foreclosure and give them the deed in return for the bank removing the bad remarks it placed on his credit reports and not reporting a foreclosure to the credit agencies. It appears it would be a win-win but can the bank legally do this? Thanks
Bills.com
May 03, 2012
What you are describing is a deed in lieu of foreclosure. Follow the hyperlink I just mentioned to learn more.
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Steven H.
Roslyn Heights, NY  |  May 04, 2012
Actually the bank wants a foreclosure so that they can wipe out any subordinate claims so it's not a deed in lieu they want....it's a foreclosure they want. That being said if my son agrees to the bank's foreclosure action can the bank agree to wipe out his negative credit comments and also not report the foreclosure to the credit agencies. Is it in the bank's power to do that?
Bills.com
May 07, 2012
Under the Fair Credit Reporting Act (FCRA), creditors are obligated to report accurate information to the credit reporting agencies, including Equifax, Experian, and TransUnion. However, the law does not require creditors to report everything. A creditor may, if it decides to, tell the credit reporting agencies to delete information the creditor added to a consumer's credit report. In the credit report world, this is known as a pay for delete.

A credit report is just that — a report. A credit report is not a legal ledger that determines a consumer's liability for a debt.

A more important issue is whether the borrower has liability for the loan's anti-deficiency laws.
Amanda N.
Altadena, CA  |  April 24, 2012
I would like to pay off my credit card debt, but I want my account transfered back to the bank. Is it possible for them to transfer it from the collection agency back to the original creditor?
Bills.com
April 24, 2012
If I knew why it important to you for the debt to go back to original creditor, I might be able to give a more complete answer. Regardless, I will try to answer your questions as best I can.

If the original creditor sold the account to the collection agency, then it is highly unlikely that it could end up back in the original creditor's hands.

If the collection agency has been contracted to collect on the debt, the debt could end up back at the original creditor. You can call the original creditor and see if someone will accept payment. Even if you get a no, it is possible that you could get a different answer if you called again, depending on the time of the month, the fiscal quarter, or the fiscal year.

I have it on good authority, however, that you are likely to get the most favorable and flexible repayment terms from a contracted collection agency.
Morgan E.
Fargo, ND  |  April 23, 2012
I have a judgement on my credit report. Its going to fall off on 03/2013. I need to get a new apartment now.... will I be able to get accepted anywhere whith that judgment? Even when it was from so long ago? I do plan to pay it, but I cant before I need to move. I live in ND. Help! Thanks.
Bills.com
April 24, 2012
A landlord could certainly choose to not rent to you due to the presence of an unsatisfied judgment. A landlord has broad discretion on deciding to whom to rent its property. As long as the landlord does not discriminate on the basis of race, religion, national origin, or any protected class, he or she can be quite picky.

Different landlords may apply different standards, so how the judgment will affect you remains to be seen. For instance, you could offer a larger deposit to offset their concerns.
D B.
Concord, CA  |  April 12, 2012
I have a charge off account from Crescent Jewelers and on my Equifax credit report showed Date last reported was 4/06. I tried calling the company to settle the account and wanted to pay it off but the Company went out of business. What should I do to settle this or have it remove from my credit report? Should I file a dispute with Equifax so that it will be removed? I don't see any collection agency on the credit report. It only shows Crescent Jewelers with the address and phone no. but I tried calling it and says a different company. Pls advise. Thank you.
Bills.com
April 12, 2012
Filing a dispute costs you little more than your time, and may result in an increase to your credit score. There does not appear to be "anyone at home" to refute your dispute, so your chances of success appear high.
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D B.
Concord, CA  |  April 12, 2012
What should I mention on my dispute to Equifax about the company that had been out of business already? Will Equifax able to remove the charge off from my credit report?
Bills.com
April 12, 2012
Consumers have more than one credit report. Equifax, Experian, and TransUnion are the three largest and most well-known credit reporting agencies. Each may publish different information based on information they gather about consumers. You may need to dispute the derogatory you mentioned at all three credit reporting agencies if each has the same information about that account.

Follow the link in my earlier reply to the Bills.com article "Credit Report Dispute," which describes how to dispute an error on a credit report. Please ask any follow-up questions you may have on the page I just mentioned.
M H.
Fairview Park, OH  |  April 08, 2012
I have one credit card that I know that I owe but, it's on my credit report but when I call the company to pay they say that they no longer have the account. It went to three different collections agencies...now that I'm able to pay the bill...I'm not sure who to contact because "no one" has the account anymore.

In addition, to that I have one card when I was 18...I'm 33 now do I still have to pay this card? the SOL for Ohio is 10 years? Please let me know. Thank You. I really appreciate any help that anyone can give me. I'm back in school for my Masters Degree I have 1 more year and I'm looking to purchase a house in the next three years!
Bills.com
April 09, 2012
What your story illustrates is another dirty secret in the debt collections business: Collection accounts are traded among collection agents like baseball cards. My guess, note that word choice, is your account was traded on an exchange where the new collection agent bought a batch of accounts including yours. The collection agent may or may not get around to reporting the debt to the credit reporting agencies (the credit bureaus). In the meantime, I know of no way a person can be reunited with their collection account.

You mentioned Ohio. Ohio offers many statutes of limitations on debt, and I confess I do not understand which applies to credit card debt. Consult with an Ohio lawyer who has consumer law experience to learn more.

Just because the statute of limitations has passed and the debt has fallen of your credit report does not mean you are immune from a lawsuit. If you are sued, you may use the statute of limitations as an affirmative defense.
Steven H.
Roslyn Heights, NY  |  April 02, 2012
I have 2 credit card accounts that were charged off. My credit report lists them as a negative comment. The credit card company sold the accounts to a collection agency. I am also getting negative comments from the collection agency. In essence I am receiving 4 negative notations for 2 accounts. Can I fix that with the reporting agencies so I only have 2 negative notations? Thanks SH
Bills.com
April 03, 2012
Inaccurate information can be removed by disputing it. In your case, the original creditor can show the accounts as charged off and the collection agent can show that you owe the balance that it is trying to collect. Try to negotiate a pay for delete with the collection agent. It will not remove the original creditor's charge-offs, but will help your score, if you're successful. Once you no longer owe the debt, you can try credit repair with a professional or on your own.
Lisa F.
Norwich, CT  |  March 26, 2012
My husband was recently contacted at work by a bill collector in reference to one of my charged off debts. The debt was charged off and removed from my credit report...statute of limitations. They continue to call my husband at work. The debt was charged off 10 years ago. Isn't it illegal to discuss a debt with my husband and not myself (this debt is from before I even knew my husband), to call him at work, and to collect on a debt that is charged off and removed from my credit report because of the statute of limitations?
Bills.com
March 26, 2012
According to credit reporting laws, a derogatory entry on a credit report can appear for 7½ years after the date of first delinquency. The laws for credit reports have no relationship to a state's statute of limitations. For instance a state can have a statute of limitations for credit card debt of four years. The debt will still show on a credit report for 7½ years.

You mentioned charge off. This is an accounting action that has no legal consequence for the consumer. The fact that a debt is charged off or not charged off has no bearing on a creditor's rights to collect the debt.

You mentioned statues of limitations. Except in Wisconsin and North Carolina, the expiring of a statute of limitations does not mean the creditor is barred from contacting the creditor about the debt or otherwise collecting the debt. If a creditor files a lawsuit against you after the statute of limitations expires, you can use the statute of limitations as a defense.

Tell your spouse to tell the collection agent to cease contacting him at his work place. Under the FCRA, collection agents must cease communications with consumers who tell them to stop contacting them on their cell phones or at their work places. If the collection agent persists, consult with a lawyer in your state who has consumer law experience to learn if you have a cause of action — a legal cause to file a lawsuit — against the collection agent.
Jon E.
Peoria, AZ  |  February 28, 2012
I am being charge interest from a AZ debt collector for an AZ debt back to the original date of service even though they just bought the debt is that legal? By the way they also have an office in CA but the correspondence to me is from an AZ inc.
Bills.com
February 29, 2012
The debt collector is permitted to collect interest, as long as it is consistent with your contract agreement with the original creditor and is permitted by law.

If you reside in Arizona, the collection agent or law firm may use its Arizona office in the expectation of pursuing legal action against you, which requires in-state lawyers. If you reside elsewhere, then I would not place any significance on where a collection agent's office may be.
Thomas M.
Denison, TX  |  February 22, 2012
I have a few outstanding debts. I'm trying to pay them back, but I'm having problems locating who is collecting. Each group I call is saying they've been transferred to another agency. I finally reached the end where they told me they no longer have me on record, and that my debt was transferred to a previous collector, who says they no longer hold the debt. It's very confusing. We're only dealing with about 3 layers. The original creditor, the agency they transferred to and then the agency they transferred to. What can I do?
Bills.com
February 22, 2012
Two options:
  • Wait for a collection agent to contact you, then validate the debt.
  • Pull a copy of your credit report from AnnualCreditReport.com and see who reports it is the latest owner of your collection account(s). A credit report is not a legal document, but it may offer you a clue as to who owns the debt now.

As I mentioned, validate the debt before you negotiate a settlement.

Andrea J.
Tumwater, WA  |  February 07, 2012
My family had gotten in a situation where we defaulted on our credit cards and have not made payments for about 3 years. Per my state the statue of limitations is 4 years. Now, my current concern is re-aging these debts. We are not in a position to pay them off, not unless we were given a really good settlement offer. One of our cc we did. The debt is now totaled to just over $3,700. I received a settlement offer in the mail that seems fishy and too good to be true, saying I have until the end of this month to accept it. It is through a collection agency, which I can only assume purchased this bad debt. They are saying they will settle with me for only $99. My other question is, we do have some other debt (medical,) and were considering bankruptcy. But, we have maybe 5 years left of negative reports on our credit reports from the cc debt (medical is older and not on it.) Would it make more sense to just not pay or file for bankruptcy (unless they tried to pursue us before the statue of limitation are up,) which would then have a negative effect on our report for 10 years, so an extra 5 years from what it currently would be.
Bills.com
February 08, 2012
Regarding the offer from the collection agency, you can do a debt validation within the 30 day period of receiving the letter. This will not re-age the debt. If you do decide to repay the debt, then negotiate for a pay for delete.

As regards your overall debt situation, there are different debt relief solutions available, including bankruptcy and debt settlement. For more information read the Bills.com article about debt relief. Follow the links I mentioned to learn more.
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