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QUESTION: i checked my credit report this month and found that a collection company was on my credit report. when i called them to see what it is they claim i owe. they told me it was 2 cell phone accounts through AT&T from 1997. i advised the lady i did not have cell phones through the company ever. i asked why it was just now put on my credit report she did not know. isn't statue of limitations up on this? why was i never notified? i live in wv but not when the alleged debt was incurred and she advised me to fill out a police report. can they do this?

ANSWER: Jenn:

  Since you live in West Virginia, you have the WV Consumer Credit Protection Act at your disposal.  I would advise you to request validation from the debt collector/purchaser (it is time barred) and dispute the account tradeline[s] through the credit reporting agencies as being obsolete.  Derogatory information such as this can only stay on your reports for seven years.

  In addition, place in your communication to the debt collector/ purchaser not to call you.  If they do or verify the account on your credit reports, call James at Powell & Majestro in Charleston.  Tell James that the owner of Apex Credit Services, LLC referred you.  He'll know what you're talking about.

         Apex Credit Services, LLC
         http://www/apexcreditservices.com
         888-727-4815

---------- FOLLOW-UP ----------

QUESTION: thank you so much. i did ask the credit bureaus to investgigate as well. will that help?


Answer
Jenn:

Absolutely.  Just make sure that you have a record of it.  If they verify it, you'll have more violations of the WVCCPA.

For what it's worth, if you can't get it off your reports and need to call James, just tell him that Jason Barnette, Esq. referred you.  I own Apex Credit Services, LLC and have my own law practice in Tennessee (Barnette Law Offices, LLC - http://www.barnettelawoffices.com).

Jason Barnette, Esq.
Apex Credit Services, LLC
http://www.apexcreditservices.com
888-727-4818

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Apex Credit Services, LLC

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Our expertise encompasses the legal frameworks under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act amendments to the FCRA, and the FCRA. We are also well versed in Tennessee and West Virginia consumer law as well as Texas consumer law. DISCLAIMER: NO PART OF ANY COMMUNICATION FROM APEX CREDIT SERVICES, LLC IS TO BE CONSTRUED AS LEGAL ADVICE. APEX CREDIT SERVICES, LLC IS NOT A LAW FIRM. SHOULD YOU SEEK LEGAL ADVICE, CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION.

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Our staff is comprised of CCPA experts. Apex Credit Services, LLC, which is a registered, licensed, and bonded credit services organization and certified by the Consumer Data Industry Association.

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