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
Roslyn Heights, NY | May 03, 2012
May 03, 2012
Roslyn Heights, NY | May 04, 2012
May 07, 2012
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.
Altadena, CA | April 24, 2012
April 24, 2012
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.
Fargo, ND | April 23, 2012
April 24, 2012
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.
Concord, CA | April 12, 2012
April 12, 2012
Concord, CA | April 12, 2012
April 12, 2012
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.
Fairview Park, OH | April 08, 2012
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!
April 09, 2012
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.
Roslyn Heights, NY | April 02, 2012
April 03, 2012
Norwich, CT | March 26, 2012
March 26, 2012
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.
Peoria, AZ | February 28, 2012
February 29, 2012
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.
Denison, TX | February 22, 2012
February 22, 2012
- 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.
Tumwater, WA | February 07, 2012
February 08, 2012
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.
Loading more commentsSince you don't have facebook, please provide us with your location and a valid email address so we can answer it. Without a valid email address,we can't reply. (Go back to login with Facebook)
Due to the high volume of comments received, we cannot publish and/or respond to every comment received. If you have a specific question, we recommend you search our site for an answer before commenting.
* Bills.com will not share, sell, lend, or make public your e-mail address. We reserve the right to delete any questions or comments that violate the Bills.com terms of service.
We get a lot of comments! To help us show our boss that this is a valuable service, so we can keep providing it, we ask you to do 2 things before commmenting:
Log in
Like us
Submit your comment!
Due to the high volume of comments received, we cannot publish and/or respond to every comment received. If you have a specific question, we recommend you search our site for an answer before commenting.
* Bills.com will not share, sell, lend, or make public your e-mail address. We reserve the right to delete any questions or comments that violate the Bills.com terms of service.
Thank you for your comment. Your comment will be posted shortly.
Comments (152)