Howard
“Dear Steve,
I recently recieved a letter from a debt collector stating that I owed money from a perkins loan that was made in 1992. I tried to call the school but they referred me to the collection agency. I do not have proof that I paid this debt in full some 10 yeas ago
Can these people start persuing me and put this information on my credit report now
Howard”
The Answer:
Dear Howard,
That’s pretty damn unfortunate that you don’t have any proof that you paid it.
Generally a bad debt is only reported for seven years from the date is was first listed, but like a lot of things about student loans, there are some subtle differences.
Notwithstanding paragraphs (4) and (6) of subsection (a) of section 605 of the Fair Credit Reporting Act (15 U.S.C. 1681c (a)(4), (a)(6)), a consumer reporting agency may make a report containing information received from the Secretary or a guaranty agency, eligible lender, or subsequent holder regarding the status of a borrower’s defaulted account on a loan guaranteed under this part until—
(1) 7 years from the date on which the Secretary or the agency paid a claim to the holder on the guaranty;
(2) 7 years from the date the Secretary, guaranty agency, eligible lender, or subsequent holder first reported the account to the consumer reporting agency; or
(3) in the case of a borrower who reenters repayment after defaulting on a loan and subsequently goes into default on such loan, 7 years from the date the loan entered default such subsequent time.
Your question sounds like the debt is not currently reported on your credit report. A debt collector could get it erroneously re-listed by reporting the wrong initial date.
As far as if it is collectible, if it is in default, it is collectible until you die.
