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Neither creditors nor debt collectors can re-age an account. From the moment an account ages, it cannot be taken back in time. Regardless of how many times an account is sold from one collector to another, the date of first delinquency (DOFD) cannot change.
In Virginia, there is a statute of limitations, also known as the length of time debt collectors have to recover the unpaid debt. In a written contract, debt collectors generally have a five-year period to try and collect or take legal action. However, a three-year period applies for oral contracts.
In most cases, the statute of limitations for a debt will have passed after 10 years. This means a debt collector may still attempt to pursue it (and you technically do still owe it), but they can't typically take legal action against you.
You can ask the creditor ? either the original creditor or a debt collector ? for what's called a ?goodwill deletion.? Write the collector a letter explaining your circumstances and why you would like the debt removed, such as if you're about to apply for a mortgage.
Keep in mind that making a partial payment or acknowledging you owe an old debt, even after the statute of limitations expired, may restart the time period. It may also be affected by terms in the contract with the creditor or if you moved to a state where the laws differ.
How does old debt work? Old debt will likely affect your credit reports for seven years after it was first marked delinquent. Most states have a statute of limitations that sets the time a debt collector has to take action against you ? like suing you ? for an old debt you haven't repaid.
If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase ?please cease and desist all calls and contact with me immediately? to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
Collection agencies cannot report old debt as new. If a debt is sold or put into collections, that is legally considered a continuation of the original date. It may show up multiple times on your credit report with different open dates, but they must all retain the same delinquency date.