Unifund Suit Was Dismissed!

by Julia
(West Palm Beach, Florida)

Unifund sued me with no notice on an old debt. The suit was dismissed over 2yrs ago because their lawyer never showed up in court after I secured representation. They have never refiled it.

I am now being denied a surety bond that I need for a work opportunity because this item is still on my credit report. I have disputed it on line but they have verified it and the credit bureau won't remove it.

Question is: What is the statute of limitations for refiling a lawsuit that was dismissed, is it 1yr after the suit was dismissed? Or does the original statute of limitations continue to run? Both of these time limits have run.

At this point in time, can I demand that they remove this item from my credit report and if not or they refuse, what are my options. This item and the underlying debt are due to fall of my credit report in the next few months but I need a bond now to get to work as my unemployment is going to run out. They are creating a real financial hardship for me. Please advise. Thanks.

Reply From DebtCollectionAnswers.com

Julia,

What exactly does your credit report list? A collection account? Lawsuit? Judgment?

What is the original date of this debt (with the original creditor?) In other words, when did you first fall behind with the original creditor?

Comments for Unifund Suit Was Dismissed!

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Apr 15, 2011
 Unifund Suit Was Dismissed!
by: Julie

My credit report lists the original account with a balance due when it defaulted. The last payment was made 6/04 so the account was not in default until 7/04. The original creditor then sold the debt and now Unifund shows up on my credit report with the original balance amount also but then lists the amount due as double that amount plus $300. Unifund sued me 1/08 and that suit was dismissed 4/09. Since I filed an online dispute Equifax has added this item to their report. I am preparing cert mail to each credit bureau disputing these items and including a copy of the Order of Dismissal to them all.

Comment from DebtCollectionAnswers.com: Please let us know how this turns out!
Oct 29, 2011
 7 years... go away!
by: Anonymous

Its pretty simple.. find out the time it was first reported to the credit bureaus, my guess is 7/2004. add 7 years to the time it was FIRST reported. if more than 7 years have elapsed, it has to GO AWAY.. federal rules. Research and learn the FCRA, all the answers are there.. granted, written in pig latin, but its all there.. also, read up on the FDCPA.

Reply from DebtCollectionAnswers.com:

It doesn't matter when a collection account was first reported. These accounts can only be reported for seven years and six months from the date you first fell behind with the original creditor. After that, it must be removed.

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