Old Debt Became New Debt

by taylor
(bronx,ny)

Can a debt collector give an old debt from 2002 a new account number, and say this debt was opened in 2009? The person who is being sued know that no account was open with the company in 2009. What makes it worst one of the credit reporting agency said the account was verfied as being true. I am in shock.

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Nov 15, 2010
old debt, new date
by: Gerri

Taylor,

No. Unless your friend agreed otherwise, the collection agency can not change the date on this account to make it appear more recent. If, in fact, they did so intentionally, they may have broken two federal laws - the Fair Debt Collection Practices Act and the Fair Credit Reporting Act - as well as state laws.

If the last payment your friend made on this debt was in 2002, and he or she lives in New York, then the debt may be outside the statute of limitations and too old for the collection agency to successfully sue. It also sounds like it's too old to appear on his or her credit reports.

You may want to encourage your friend to at least read the first chapter of our ebook Debt Collection Answers online for free then talk with a consumer law attorney with experience in debt collection cases. Find out how to get FREE or low cost legal advice about debt collection from a consumer law attorney here.

Hope this helps!

P.S. I'd like to say I am shocked too, but after what we've heard from consumers, it doesn't surprise us...

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