If you cannot prove that you reached a settlement agreement with the creditor in 2006 and indeed paid the debt, then if you want the debt reported as paid now you will need to pay the debt again, as distasteful as that option may be. In a court of law, it is not what you believe or say, it is what you can prove.
Before I offer a recommendation, allow me to correct a misperception you expressed about the seven-year rule.
Seven-year rule
Federal law (US Code Title 15, §1681c) controls the behavior of credit reporting agencies. This law is known as the Fair Credit Reporting Act (FCRA). Under FCRA §605 (a) and (b), an account in collection will appear on a consumer's credit report for 7½ years. The clock starts approximately 180 days after the date of first delinquency on the account. To learn when an account will be removed by the credit reporting agencies (TransUnion, Equifax, and Experian and others), add 7½ years to the date of first delinquency. Subsequent activity, such as resolving the debt, is irrelevant to the seven-year rule. However, if the debt is a tax lien, that can appear for seven years from the date of payment. A bankruptcy will appear for ten years from the date of the final order. Delinquent federal student loans can be reported indefinitely, i.e., for as long as they are delinquent.
Therefore, if you pay the debt now, the credit-report clock will not be reset.
Pay for delete letter
Consider paying the debt with a condition -- deleting the entry from your credit score. A "pay for delete" letter, which is also known as a PFD, is an agreement to pay a debt that is listed on your credit report in exchange for the creditor promising to delete the entry from your credit reports.
Some collections agents will honor these agreements -- others consider them a breach of contract they have with the credit reporting agencies and will not consider them. Some use "PFDs violate federal law" as an excuse for not accepting them, which is either a misunderstanding of the Federal Debt Collections Practices Act and Federal Credit Reporting Act or is a misstatement of the law. PFDs do not violate any federal law.
My advice: If you have the cash to settle a debt immediately you have nothing to lose in asking for a PFD. Do not be surprised if the creditor refuses to consider a PFD offer -- they are under no obligation to accept them. However, it does not hurt to ask.
I hope this information helps you Find, Save, and Learn.
Best,
Bill
August 26, 2010
Cane Ridge, TN | May 04, 2011
August 26, 2010
Atlanta, GA | March 09, 2012
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