Collections Law/Credit Report


I have a collection reporting on my credit report from an collection agency for a returned check that I know I paid but it was 6 years ago and I have switched banks twice and moved 3 times. I can not find proof that I paid it. At any rate, the collection agency is reporting on my report that this is a installment account that is in default and am 120 days past due. I have had a loan officer tell me that the way they have it listed on my report as a default account instead of a regular collection account is illegal and hurting my credit score more then it should. Is this true and if so how can I fix this?

Thank you for your time!

First, dispute the account will all three credit bureaus (Equifax, Transunion and Experian).  Send them a letter explaining what you have explained here.  After 7 years, they are supposed to remove it from your credit history.  The bank the check was written on should be able to provide you with proof that the check was paid.  If not, the person you wrote the check to should be able to.  Whichever, insist that the credit bureaus, if they do not remove the listing, update it correctly.

The statute of limitations in NC for collections of a debt is 5 years, so there is nothing they can do to you to collect the debt.  Good luck with this.

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Ray A Miller


I am qualified to answer questions on the following subjects: FDCPA, FCRA and HIPAA as well as medical collections, general collections and collection agency related issues. I trained these subjects at a nationwide collection agency and customer service call center and audited around 150 representatives for compliance to the laws. I have been in the Collections Industry for over 30 years. I feel that everyone deserves to be treated fairly and with compassion and that is the way I trained collectors. Even though I worked for a Collection Agency, I get great satisfaction in helping those who have been mistreated or in need of help with these confusing issues.


I was the Compliance Administrator with a nationwide collection agency and customer service call center-I have trained hundreds of collectors on the above referenced topics. I have been in the medical collections industry for over twenty years and research these topics on a daily basis.

ACA International

Some college ACA Certified Collection Specialist

Past/Present Clients
I am retired due to medical conditions and spend a good deal of time keeping current on collection issues.

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