Debt Collection Laws: Re-Aged Credit Card Debts

Debt Collection Laws: Re-Aged Credit Card Debts

Sued by your credit card company for unpaid debt? Whether or not you choose to hire a lawyer to represent you in court, you need to familiarize yourself with debt collection laws in your state. One such debt collection laws to check out is the statute of limitations on debt. You will need to get your credit reports from all three credit reporting bureaus because your credit report will state the DOLA or date of last payment. Compare all three reports to see if all information is accurate.

If you feel that certain data is incorrect, you need to cross check with your bank statements, which you can request from your bank, and search for the alleged payment. If things don’t add up, it’s possible that your account has been re-aged by your creditor.

Re-Aging CC Debts: What is it?

Re-aging debts refer to out of statutes debt that has been re-aged to make it fall within the statutes of limitation in a certain area. In some cases, junk debt buyers or debt collectors who purchased debt accounts that are out of statutes will be re-aged so they can still go after said debtors.

For the debtors, re-aging an account is a double whammy because 1) it will appear that the debt is within the statute and 2) the debt will stay on their credit report longer than it should and this will damage the credit score.

If you are reviewing the debt collection laws in your area, you will know that out of statute debts cannot be collected. If you found that your account has been re-aged, you need to list this one as your number one Affirmative Defense in the Answer document. Don’t forget to make copies of the proof with the DOLA highlighted and bring these evidence to court if the lawsuit pushes through.

If, on the other hand, your account is within the statute but the account has been re-aged, you will also need documented proof of the evidence and bring it to court.

Proving that your account has been re-aged is a powerful defense especially in case of arbitration. But you can only do so if you know how to prove the conflicted dates through your credit reports, bank statements, etc. If the court agrees that there is conflict with the account, the plaintiff cannot expect an easy win through default judgment.

Learn more about local and federal debt collection laws as well as effective strategies to all debt claims by clicking here.

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