How can I obtain information about a credit card debt from 1992 that is no longer on my credit report?

Question

I do not have any of the actual statements and the company that held the account has been sold off many times so contacting them did not produce anything? Is there a way to obtain old credit reports or information about accounts/debts that are no longer on your credit report?

Answer 1

Since your husband has been sued, it is not up to him to find the past information but rather up to the Plaintiff to provide the information. Which your husband could force them, at some point, to do through a Discovery. (and with a debt that old the chances of them coming up with anything could be almost impossible)

If their suit is based on an affidavit of debt, a computer print out, etc., that comes from the collectors office/files, and not from the original creditor, then that base should be attacked and discredited by your husband in his answer.  

"Examples ONLY !!":

1. Plaintiff’s Affidavit of Indebtedness is signed and attested by <name of affiant>, whom has no first hand or original knowledge of any contractual obligations of the Defendant and is Hearsay.

2. Billing statement or statement of account provided by Plaintiff is not from the original creditor.

3. No original, substantive, or admissible documentation or evidence has been provided by Plaintiff establishing the existence of a contract to which the Defendant is a party or that the Defendant is in default of any such contract or agreement. All “evidence” provided by Plaintiff is, at best, hearsay.

4. Plaintiff has not evidenced nor demonstrated any authority to collect on any defaulted debt allegedly owed <name of original creditor> by Defendant.

5. Plaintiff has not met the burden of proof to prevail on this action.

And he might cite the FDCPA Staff Opinion Letter - Wollman (link below), which states information must come from the files of the original creditor.

http://www.ftc.gov/os/statutes/fdcpa/let...

Do some reading on the site Studly posted in your other question.

You might also click on my profile and click on the last link I have listed (which is a totally free site) and do some reading/ask further questions.

Answer 2

If a debt collector is after you for debt from 1992, you don't need to pay it...it's WAY outside the statute of limitations.....

If this is the case: Send the collection agency a letter via Certified Mail + Return Receipt stating:

Per the Fair Debt Collection Practices Act, I am requesting written validation of this alleged debt and that said debt is within the statute of limitations for Ohio, which is six years for Open-Ended credit card debt. The Truth-in-Lending Act has established that credit card debt is an "Open" account, not a "Written" account.

Cease all verbal communications with me about this alleged debt.

====================

UPDATE: Credit card debt is ALWAYS an "Open" type contract, NEVER a written contract.

Open-ended Accounts: These are revolving lines of credit with varying balances. The best example is a credit card account. Please note: a credit card is ALWAYS an open account. This is established under the Truth-in-Lending Act:

Open accounts for Ohio: 6 years

The collection agency is trying to get you to pay time-barred debt by tricking you. Don't fall  for it.  Again, respond by requesting validation as stated above. They are powerless over you...don't let them trick/scare you into paying with bogus threats.

Answer 3

There is no way to get an old credit report and if the original company no longer has records, you are out of luck.

If a collection agency is trying to collect this old debt, you should check the Statute of Limitations (SOL), the timeframe to bring lawsuit, for your state:  http://www.bcsalliance.com/statute_of_li...  The SOL typically starts from the last activity or last payment.  At 16 it is probably beyond the SOL as long as you made no payment since 1992.

You can stop the collection agency by sending a certified, return receipt letter telling them to cease and desist all contact as the debt is beyond the SOL.

Answer 4

You have a right to ask them for validation, that is they have to prove the debt is yours.  If the account has been sold multiple times, very doubtful they have the LEGAL PROOF of the debt

You may want to consult with a consumer attorney, check the link