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I will be as specific as possible here...

if anyone is an attorney, works for one, or has been through this, please answer. If something is off of a credit report, can a creditor still make someone pay for old debt?
I'm not asking for moral advice here. I'm not asking for anyone to say how everyone should pay for their debt, you don't know the story. I just want to know the legalities of it. If you don't know, don't answer.
Thank you.

Answer Question

Asked by Anonymous at 11:17 AM on Mar. 12, 2011 in Money & Work

Answers (8)
  • I believe that you can be forced to pay any debt that is less than seven years old.

    Answer by rkoloms at 11:28 AM on Mar. 12, 2011

  • It's over 7 years old, AND off credit reports. But they haven't taken if off of their records.

    Comment by Anonymous (original poster) at 11:32 AM on Mar. 12, 2011

  • I agree with rk. Not sure it has anything to do with your credit report. Lots of lawyers will give a one time free consultation. Call a few and ask. GL

    Answer by elizabr at 11:33 AM on Mar. 12, 2011

  • Thank you, for just answering, both of you. I am going to speak with an attorney. But I don't do well waiting, hence me asking here. AND, it's causing my husband and I to argue. We are awaiting an answer to a mortgage loan, and this is in the way.
    I simply do not feel we should pay for having to move due to military PCS orders, or for past damage to the rental, which I did report to the rental company. This is what the debt is.

    Comment by Anonymous (original poster) at 11:52 AM on Mar. 12, 2011

  • It really depends on your state laws. I see that it is because of a PCS move. Is the debt they are saying that you owe is the rent for not fulfilling your lease agreement? If so, I don't think they can do that. From my understanding, if you have PCS orders then the rental company HAS to let you out of your lease. That being said, I seriously doubt this will keep you from getting a mortgage loan.


    Answer by JeremysMom at 12:03 PM on Mar. 12, 2011

  • Yes, that is part of it. The military PCS move. And part is damage from previous tenants. Damage of which I notified them of, on one of those papers you have to fill out. But I think it got lost from the girl I gave it to. It's a mess. The manager was always nasty to me, and I hate to deal with them.
    I am going to JAG this week. I've had a problem before with a landlord wanting to charge us for breaking lease from PCS orders, and JAG helped.
    The company we are going through for a loan won't give us a loan until this is cleared up. We already cleared up everything up from our credit report as they wanted. Now, once this is done, we have nothing negative. Well, technically, we don't now. It's all OFF our reports.

    Comment by Anonymous (original poster) at 12:17 PM on Mar. 12, 2011

  • If you speak to them about it even ONE TIME DURING that 7 year period, it resets the clock. Back to day one. Don't ever speak to someone seeking repayment if that debt is over 7 years old. (or whatever your state statute of limitations is) By doing so, you are admitting to the debt, and it starts all over for another 7 years.

    Answer by romanceparty4u at 7:22 PM on Mar. 12, 2011

  • Nope, we didn't speak with them. Not since I told them we had to move. And the manager was really nasty to me. I looked up the SOL for Texas, and it is 4 years for contracts, starting from when they go into collections. Which they waited like over a year. I am still going to JAG and having them call. I've had this problem before, the landlord did not know the law regarding military PCS orders and leases. Unfortunately, all these years ago, I did not either.
    We are just under an extreme time crunch.
    Thank you all for your help. I very much appreciate it.

    Comment by Anonymous (original poster) at 10:52 PM on Mar. 12, 2011

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