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?


Asked on 4/12/17, 10:41 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

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).

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Answered on 4/14/17, 8:33 am


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