If an item on your credit report was recently deleted, you might be surprised if you received notice that the item had been reinserted in your credit file. A deleted item could reappear on your credit report for a couple reasons. Read on to find out how this might happen and what you can do about it.
You might think that once a debt falls off your credit report it’s gone for good. But unfortunately that’s not always the case. It is possible for old debts to reappear on your credit report and negatively impact your credit score and finances.
In this article we’ll explain how and why old debt can resurface whether past debts can legally reappear, and most importantly – what you can do about it.
How Can Old Debt Reappear?
There are a few ways that a debt you thought was long gone could pop up on your current credit report:
-
The original creditor reports the debt again If the original creditor (i.e. the credit card company or hospital you owed money to) failed to continuously report the debt they can choose to report it again to the credit bureaus. As long as the debt is still valid they have the right to report it.
-
The debt is sold to a new collection agency: Your original creditor may have given up on collecting the debt, but then sold it to a collection agency. This agency can report the debt as new on your credit report.
-
The credit bureaus make a mistake: With millions of credit reports to keep track of, the major credit bureaus (Experian, Equifax and TransUnion) sometimes make mistakes. An old debt that should’ve fallen off your report could accidentally reappear due to a technical error.
-
Identity theft: If someone steals your identity and incurs debt in your name, this fraudulent debt can appear on your credit report without you even knowing about it. Make sure to regularly check your credit reports for any suspicious activity.
Can Old Debts Legally Reappear?
According to the Fair Credit Reporting Act (FCRA), most negative information can stay on your credit report for up to 7 years. This includes late payments, collections accounts charge-offs, repossessions, and most public records.
The exceptions are Chapter 7 bankruptcies, which can remain for up to 10 years. Meanwhile, positive accounts can stay on your credit reports indefinitely.
So in most cases, if a debt reappears after the FCRA time limit of 7 years has passed, it is illegal and you can dispute it to get it removed.
However, even if a debt is very old, that doesn’t necessarily make it invalid or mean it has fallen off your credit reports. The creditor can still rightfully report and attempt to collect on the debt until your state’s statute of limitations has passed. This time limit is usually between 3-10 years.
The statute of limitations only restricts when a creditor can sue you to collect a debt, not when they can report it. So old debt reappearing within the statute of limitations is legal, even if it’s past the FCRA 7-year credit reporting period.
What to Do If Old Debt Reappears
If you notice a debt that should not be on your current credit report, here are the steps to take:
-
Review the Date: Note when the debt first went delinquent or into collections. If this was more than 7 years ago, it may be illegal. If it’s within 7 years but seems incorrect, investigate further.
-
Check for Errors: Ensure it is actually your debt and all the details are correct. If anything seems off, it could be a case of mistaken identity or fraud.
-
Dispute the Debt: Submit a dispute to the credit bureau/s reporting the debt, along with any evidence proving it is inaccurate. This should trigger an investigation.
-
Contact the Creditor: Reach out to the creditor or collections agency listed and explain that you are disputing the debt because it is too old. Ask them to validate the debt or remove it from your credit report.
-
Submit a CFPB Complaint: If the creditor refuses to remove an illegally reinserted debt, submit a complaint to the Consumer Financial Protection Bureau. This can spur an additional investigation into the situation.
-
Consult a Lawyer: For professional help removing invalid debts, especially if the creditor refuses to cooperate, consulting with a consumer lawyer may be your next step. They can review your case and determine if legal action is recommended.
How to Prevent Old Debt From Reappearing
To avoid having old debts resurface in the future, here are some proactive tips:
- Monitor your credit reports regularly to catch any errors quickly
- Ensure debts are reported accurately while active to avoid issues down the line
- If possible, pay down debts instead of letting them go delinquent or into collections
- Communicate with creditors before debts reach the 7-year mark to confirm they will stop reporting them
- When old accounts fall off your report, save any records related to the debt
- If your identity is compromised, take immediate steps to fix fraudulent accounts before they impact your credit
The Bottom Line
Seeing an old debt you thought was long gone unexpectedly reappear on your credit report can be frustrating. But with a clear understanding of your credit reporting rights and the dispute process, you can take action to remove any illegally reinserted debts. Staying vigilant is key to keeping inaccurate information off your credit history.
:max_bytes(150000):strip_icc()/removing-old-debts-960491_source_file_V2-503179d868bb4d3fbc635d607674c47e.jpg)
Why a Deleted Item May Reappear on Your Credit Reports
A previously deleted item could reappear on your credit reports for a couple reasons. The dispute resolution process allows for information to be removed from a credit report if, in response to the dispute, the furnishing party cannot verify it or doesnt respond to the credit reporting companys request for an investigation within the time allowed by the FCRA.
The 30-day limit on credit report investigations doesnt require that a credit bureau permanently block an item from ever being re-reported if it is initially removed, however. For example, if a lender doesnt respond within its initial 30-day time limit, but then responds on day 35 that the disputed information is in fact correct, the item can be reinserted on the credit report.
If a furnisher never responds to a credit report dispute, the credit bureaus would remove the item. But if the furnisher re-reports the item to the credit reporting companies the following month as part of their normal credit reporting updates, the item could be reinserted.
If the credit reporting company accepts the reinsertion by the furnisher, they are required to provide a notice of reinsertion to the consumer within five business days of such reinsertion.
Understanding How a Credit Report Dispute Works
The credit report dispute process is designed to help consumers ensure the accuracy of their credit reports. If you believe an item on one of your credit reports from the three major credit bureaus (Experian, TransUnion or Equifax) is inaccurate, you can dispute the information. The credit bureau will then investigate your dispute, which at Experian entails contacting the company that reported the information, also known as the data furnisher, who must then determine whether the information they reported to the bureau was accurate.
Once the data furnisher receives a notice of your dispute from a credit bureau, they must investigate the claim to determine whether the dispute merits a change in their reporting. The process typically takes 30 days or less and results in the contested item either being modified, confirmed as accurate and left on your credit report, or deleted from your credit report.
In rare circumstances, items deleted from your credit reports can, in fact, reappear on your credit reports even after the dispute resolution process has been completed. This practice is referred to in the Fair Credit Reporting Act (FCRA) as “reinsertion.”
Deleted item reinserted back on your credit report?
0