by footloose » Fri Apr 15, 2011 01:06:46 PM
You are absolutely correct. Once the limitation period has expired, the creditor cannot sue the debtor.
When you incur a debt, whether it be a credit card, personal loan, auto loan, line of credit or a mortgage, the creditor reports that information to the credit bureau(s). When that debt is defaulted upon, the debt still continues to be reported on your credit report.
If that debt is either assigned to a collection agency to collect or sold to a debt buyer, the debt will now be reported to the credit bureau(s) as a collection account. In all cases, if the debt has been assigned or sold, it will appear on the credit report both as a "tradeline" AND as a "collection account". The "date of last activity" should be the same as shown on both the "tradeline" and the "collection account". Because this is a negative item, ( i.e. a defaulted debt ) both Equifax and Trans Union will purge this account 6 years from the "date of last activity" both as a "tradeline" and as a "collection account".
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