Legal Question in Credit and Debt Law in Virginia
what is the SOL on credit card debt from Capital One (USA) N.A ?
If they sent a 1099 C, can they legally still report the balance currently due to Credit Agencies?
1 Answer from Attorneys
Probably, five years from the date of your last payment on this debt
(or agreement to pay it).
Yes, the balance on the debt is apparently still reportable to
the CRAs although there appears to be a split among courts
as to whether the debt itself can still be subject to collection through standard enforcement remedies (assuming it's still within the applicable SOL).
(Nevertheless, if your're a consumer who ends up with
this kind of report on your credit record, you've apparently
got nothing to lose by challenging it under 15 U.S.C. Sec. 1681s-2(b)
of the Fair Credit Reporting Act by way of a complaint to the CRA involved.
which should trigger further notification and investigation duties on the
part of the "furnisher" of the information, i.e., the business entity or person that reported the derogatory information to the CRA).