Legal Question in Business Law in California

seven year period from when/whom

is the ''date reported'' or ''date opened'' the date when the ''seven year'' period starts? also if a ''charged off'' account is sold to a collection agency does the seven year period start again? and can it be sold again and again, so as to have the ''seven year'' period become meaningless?


Asked on 8/14/04, 7:29 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: seven year period from when/whom

The seven-year information-removal requirement is from the federal Fair Credit Reporting Act, 15 USC 1681 et seq. Related California laws for credit bureaus are found at Civil Code sections 1785.1 et seq. and debt-collection procedures are covered by 1788 et seq.

If you do a Web search for the Act, you'll find access to its complete taxt and a lot of other useful information.

The seven-year provisions are in Section 605 and as written I would interpret the time to run from when the negative information is received by the credit bureau, and not when the debt became delinquent.

As for re-sold claims, re-reporting of these would seem to violate the spirit of the law, but I do not know the answer.

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Answered on 8/14/04, 1:35 pm
Larry Rothman Larry Rothman & Associates

Re: seven year period from when/whom

Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters, notices, and lawsuits. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.

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Answered on 8/14/04, 11:46 am


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