Credit Cards, Collectors and Reporting Period Limits
Mark the Default Date
If you stop making payments on a credit card (and never resume), the date you are officially 30 days behind becomes your default date. This is also the moment the reporting period clock starts ticking. The credit card company will typically charge off the account six months later. The reporting period clock will tick for 7 years plus 180 days from your default date, and cannot legally be reset by any subsequent collector, but…
Open Dates vs. Default Dates
Many people entering credit repair services are confused about the reporting period on collections, especially collections that bounce around from collector to collector. Each incarnation of the account will show an open date, but this has no bearing on your reporting period. The transfer of your account from one collector to another cannot legally reset the date, but this does not mean it will not get reset.
Convenient Accidents
The first and most common way the reporting period clock gets reset is apparently by accident. This occurs in the hands of collectors, usually at the time of sale of the debt, and usually very near the end of the reporting period. There are a fair number of these accidents, and hence, a mountain of collection accounts that report for years after the original expiration of the reporting period.
Oops, I Reset the Reporting Period
The second way the reporting period clock gets reset is also quite common, and increasingly so. It is also entirely legitimate although it happens in a pretty covert manner. If you enter into a payment arrangement with a collector and formalize it, you effectively create a new contractual obligation with a new reporting period limit. There is a new breed of collector that has become quite proficient at the art of making this happen.
Collectors of the Last Resort
When a collection nears the end of the reporting period it is almost always past the statute of limitation (depending on your state). These collections are not much of an asset to a collector. A lawsuit would have no teeth, and the darn thing is about to fall off your report anyway. These debts are bundled up and sold, often for less than a penny on the dollar. The collectors that purchase these accounts are the collectors of the last resort, and they have a plan.
The Threat and the Lifeline
The technique is quite simple. These collectors send letters to each debtor, on attorney letterhead, couched in threatening language. And then they offer a way out. All a debtor needs to do is agree to enter into a reasonable payment arrangement and they will call off the dogs. The psychology is smart and the results are not unexpected; lots of collection accounts are reborn with new reporting period limits.
Good Payment Arrangements
Not all payment arrangements are terrible. On the contrary, many are fine. Collectors these days are hungry and willing to deal. If you can get a good break, and are able to afford the payments without risking another default, go for it. The key is to do your homework first. At the end of the reporting period you should fear no one and should be able to dictate the terms of any agreement. If you are in our credit repair program we will check all of the relevant dates and guide you to the best course of action. If you are not in our program, give a call!
15 Responses
Cripes! This actually happened to me. I had a six year old collection and got an offer from Midland (a collector) to do a payment arrangement. I had the money to make the payments, so I did it. Then I got into a jam and couldn’t finish paying. Now I find out that they can sue me! All because I started the darn statute of limitation all over again. NEVER AGAIN!
Midland did an arrangement with me too. They practically forced me to do it. at least they made it sound like I they would sue me if I didn’t make a deal with them. Thank god I was able to finish paying. Now I am hearing so many stories like yours. Site like this are great for warning about this kind of abuse.
Thanks for the information about the time period for credit card companies. I was confused about the reporting period on collections. Now I know I have hope for my credit future, thanks
What is the best approach if a collector starts to report a collection that originally started over 7 years ago? Can I fix this with the credit bureaus? Experian and Equifax are reporting it. Or do I need to do something with the collector?
Hi Ryan, If you are in our credit repair program we will take care of it for you. If you are doing on your own I suggest addressing the issue with the CRAs and the collector simultaneously. The CRAs should be sent a standard dispute letter referencing the original default date and stating clearly that it occurred more that seven years prior. The best way to get the attention of a collector is via debt validation. If you received a collection notice in the last 30 days send them an “enhanced” debt validation letter requesting standard documentation AND point out that the original default date was over 7 years prior and that they are not in compliance with the FCRA.
I think my collections are all accurate. They are from credit cards I stopped paying during my divorce last year. Does credit repair have a place in taking care of these? Thanks in advance.
Hi John, If your collections are accurate there is nothing that we can do for you. You might try the National Foundation for Credit Counseling. They will connect you with a local counselor that can discuss the possibility of entering a “debt management plan” as a way to repay the debt. You can also consult a bankruptcy attorney if you think repayment will be too difficult.
I had a question. You said if my collections are all accurate than theres nothing you can do? Well can you guys work a deal or something out with the collection companies? Or would you guys advise me on what I should do? I know I owe the debt. If you guys see that theres nothing you can do, will you then notify me and end my monthly payments? or would you guys try and milk me for a couple months? Just need honest answer please.
Hi Again Ed!
We do not dispute accurate information. Nor do we negotiate settlements for our customers – that is a specialized field. As mentioned in my last reply, I suggest that you consult a bankruptcy attorney to explore the option. You may also want to check with greenpath.com to see of they can point you in the right direction.
Thx.for info. I really dont think Bankruptcy is what I wanna do. I mean I owe on 3 credit cards with a total balance of about 4800. I just would like to know then if you advise me not to ignore them , should i contact them and work on a payment plan or settlement? They are all in collections and charge offed, and wouldnt that just “wake up the sleeping giant?” Also if I hire you guys to basically see if theres anything in my credit that can be deleted or any mistakes, how long would it take you?
Hi Ed, Before contacting the collector I suggest doing the consultation with Greenpath; they should be able to help you form a plan related to the charged off accounts.
Another question, thx for the link, I just looked into greenpath.com and it looks something like what I need, a debt management or consolidation plan. However, can I hire you guys to just see if theres anything you can do and at the same time call greenpath to work something out with the collection companies? Or would doing both at the same time be too much?
Hi Ed… (continued), It is always best to resolve open issues like this prior to starting credit repair. This does not mean that you should wait until you have the debts paid (in the case you decide to enter into a payment arrangement), but you should at least have the resolution underway.
Ok so you are saying that I should contact contact greenpath first, got it. One more thing, on my report there was a credit card that was closed and I ended up paying it back, It just says paid and closed on it. Last reported June 2005, could you guys remove that?
Hi Ed… (continued), if an item is reported accurately and is not in violation of any of the reporting rules that creditors and the credit bureaus are supposed to follow, then we will not dispute it. On the other hand, it is pretty typical for charge offs (and the collection accounts which arise thereafter) to generate reporting errors. So, in short, I suggest that once you have a handle on your active collection accounts you sign up for our services and let us evaluate the content of your report.