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Displaying Category 'Statute of Limitations'


Credit Repair Tips To Improve Credit Scores

Credit Repair is something every consumer can do on their own, however; the consumer needs to do it right and take their time and ensure they understand the process.  There are many people who attempt the repair and make their situation worse because they dive in and don’t learn what items should be disputed and what items should be left alone.  Do thorough research.  There is also a new site that I am, anxiously, awaiting it’s launch and sounds like it will be an incredible one stop, step by step learning site on credit repair. You can sign up to be notified of their launch here. This is their blog but the sign up form is listed there and you will be notified when they launch.

Learn the steps and you can improve your credit scores within a very short amount of time.

Don’t Wait To Start To Rebuild Your Credit

No matter how bad your credit is or how many negative items are currently reporting, you need to start getting positive information added to start to Improve and Rebuild Credit. Even if your situation is so bad that you may not raise your score, you will still be minimizing the damage to your score.

Credit cards are a very powerful weapon you can use to start to rebuild.  If your credit score is less than 580 and/or if you have current negative items, you are very unlikely to get any lender to give you an unsecured credit card. This means you will be limited to a secured credit card.  You can read more about a secured credit card on this post and also see 3 options for them that do not have annual fees.

Now you may be tempted to wait until some negative items are older or until things seem a bit better but I encourage you to think about this differently.

1-Whenever you open a new account, it has a negative effect on your credit score. That negative effect will last about 6 months and then you get a decent score improvement and will continue to add positive points to your credit score from that point on.

2-The older the account gets, the more value.

So waiting does absolutely nothing to help you.  By starting now, you are actually helping your score much more in the long run.

Now What Do I Do?

Now that you have moved forward and got a secured credit card, you need to handle it in a certain way to have the most positive impact on your credit score.

Keep your balance under 30% of your credit limit.  If you open a $300 dollar secured card, you should never have more than $90 on it at any given time.

There is a little wiggle room here.  If you ever need to use your entire balance, it is true your credit score will take a hit but the good news is that it isn’t long lasting.  When you pay it down, your  credit score will bounce right back up.  If you have maxed out your cards and are at a point where you need your score to boost up, make sure you pay it down 60 days before you need to see the score increased.  The reason is because not all lenders report every month, some report every other month so you need to allow time for it to reflect the new balance on your credit report.

It will also be hard for you to judge the impact of a maxed out card vrs a low balance but in some cases that can affect your credit score by 150pts!

Maybe you have no intention of actually using the card but you really need to use it periodically. Even if you use it and send off a check the same day.. use it regularly.

How Many Credit Lines?

For the best credit score you should ultimately have:

  • 2-3 credit cards
  • Car loan
  • Mortgage

I realize a car and a mortgage may be way down the line but everyone has to start somewhere.  Get your credit cards, use them wisely, give it some time to show you can handle the debt and get your credit score above 600 and you are more likely to then add a car loan.  Pay on that and your score will go up even more and you can now move on to your mortgage.

Statutes of Limitations Can Change The Entire Ballgame

First read this post which will explain the Statute of Limitation and its importance.

Briefly the Statutes of Limitations (SOL)  limit how long a debt is considered legally collectible. In most cases, all debt is out of SOL long before it is due to fall off your credit report. The time limit varies by your state and the above link will show you the SOL for each state.

If I Pay My Collections Will I Improve My Credit Score?

Not once single ounce.  Once an account goes to collection the damage is done.  It doesn’t matter if you pay it or not. The exception to this is if you are in the market for a mortgage. When you are approved for a mortgage you can not have outstanding debt. There is usually an exception for medical bills. Your mortgage lender will tell you what you need to take care of.

Also note the Statute of Limitations again.  If your type of debt is out of SOL, it is considered legally uncollectible.

Read this for more information on paying off collections.

This post does not cover the dispute process that can improve your credit score. You can read more about disputes here and here..

Credit repair is doable but again, be careful and do your research on all steps to make sure you do it correctly. There is a lot of bad information floating around the internet.

Posted by admin, and filed under Statute of Limitations

Statute of Limitations on Debts

Before reading it is important to note that you should always check with your state to verify this information.  I believe it is correct but always double check.

The Statute of Limitations is how long a debt is considered collectible by law and a time line for when creditors can sue you.  You should know that every single day people pay on debts that they are not required to by law. The do so because they think it is still valid. They may see it on their credit report and assume “It is my debt and I need to pay it”.  While the moral side of you may believe the debt should be paid, by law once out of statute of limitations you co not need to pay this and can not be ordered to pay it.  Now the previous sentence is a bit tricky. A creditor or collection agency can take you to court and can get a judgment IF you do not show up and defend yourself.  It is as simple as bringing paperwork that shows the Statute of Limitations over.

For many people, having this knowledge is a great burden taken off their shoulders and they can move forward.  The SOL runs from either the day of your last payment or the date payment was demanded from you.

If you are contacted by a collection agency after the loan is out of Statue of Limitations, you can simply write them and tell them your account is outside of the SOL and to please cease any contact.  They may write you one more time to say they will cease contact but that is it.

Remember.. if you are sued you NEED to show up in court and defend your self by presenting the SOL’s for your state or they will get a default judgment against you and you can’t fix that later.

The chart below shows the State Statutes of Limitations for various kinds of loan agreements and is for all states.

What Defines An Oral Contract: A verbal agreement is one that is considered a legal and binding agreement.  However it is not easy to prove it in court.  This is when you make a verbal agreement to borrow some money and repay the money.

What Is A Written Contract: This is a written document that both  you and the lender both sign.  This can be a very formal document or a crude one you just wrote on a napkin.

What Is A Promissory Note: This is where you agree to pay a loan as listed in a written contract. In a promissory note, the payments and interest and spelled out in detail.  A mortgage is an example of a promissory note.

What Is An Open-ended Accounts: These are account with revolving lines of credit. Meaning you have a certain limit that you can charge up or pay down and charge again.  A credit card is always considered an open account.

State Oral Written Promissory Open-ended Accounts State Statute: Open Accounts
AL 6 6 6 3 §6-2-37
AR 3 5 5 3 §16-56-105
AK 6 6 3 3 §09.10.053
AZ 3 6 6 3 §12-543
CA 2 4 4 4 §337
CO 6 6 6 3 §13-80-101
CT 3 6 6 3 §52-581
DE 3 3 3 4 §2-725
DC 3 3 3 3 §12-301
FL 4 5 5 4 §95.11
GA 4 6 6 6 ** §9-3-25
HI 6 6 6 6 HRS 657-1(4)
IA 5 10 5 5 §614.5
ID 4 5 5 4 §5-222
IL 5 10 10 5 735 ILCS 5/13-205
IN 6 10 10 6 §34-11-2
KS 3 6 5 3 §84-3-118
KY 5 15 15 5 §413.120
LA 10 10 10 3 §3-118
ME 6 6 6 6 §14-205-752
MD 3 3 6 3 §5-101
MA 6 6 6 6 c.260, §2
MI 6 6 6 6 §600.5807
MN 6 6 6 6 §541.05
MO 5 10 10 5 §516.120
MS 3 3 3 3 §15-1-29
MT 5 8 8 8 27-2-202
NC 3 3 5 3 §1-52(1)
ND 6 6 6 6 28-01-16
NE 4 5 5 4 §25-206
NH 3 3 6 3 382-A:3-118
NJ 6 6 6 6 2A:14-1
NM 4 6 6 4 §37-1-4
NV 4 6 3 4 NRS 11.190
NY 6 6 6 6 §2-213
OH 6 15 15 6 §2305.07
OK 3 5 5 3 §12-95
OR 6 6 6 6 §12.080
PA 4 4 4 4 §5525
RI 10 5 6 4 §6A-2-725
SC 3 3 3 3 SEC 15-3-530
SD 6 6 6 6 §15-2-13
TN 6 6 6 6 28-3-109
TX 4 4 4 4 §16.004
UT 4 6 6 4 78B-2-307
VA 3 5 6 3 8.01-246
VT 6 6 5 3 §3-118
WA 3 6 6 3 RCW 4.16.080
WI 6 6 10 6 893.43
WV 5 10 6 5 §55-2-6
WY 8 10 10 8 §1-3-105
20th Jan 2010
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Clean credit, rebuild credit, clear credit, repair credit, repair my credit, clean my credit, how to repair my credit, how to clean my credit myself, how to build my credit score, how to raise my credit score, raise credit score, secured credit card
Clean credit, rebuild credit, clear credit, repair credit, repair my credit, clean my credit, how to repair my credit, how to clean my credit myself, how to build my credit score, how to raise my credit score, raise credit score, secured credit card
 
Clean credit, rebuild credit, clear credit, repair credit, repair my credit, clean my credit, how to repair my credit, how to clean my credit myself, how to build my credit score, how to raise my credit score, raise credit score, secured credit card
Clean credit, rebuild credit, clear credit, repair credit, repair my credit, clean my credit, how to repair my credit, how to clean my credit myself, how to build my credit score, how to raise my credit score, raise credit score, secured credit card
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