Chloe Meltzer is an experienced content writer specializing in legal content creation. She holds a degree in English Literature from Arizona State University, complemented by a Master’s in Marketing from California Polytechnic State University-San Luis Obispo.
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Summary: Thinking that the dates don't match up on your debts? Learn how to write a re-aging debt letter to have your debt lawsuit dismissed.
Re-aging is a serious violation of the Fair Credit Reporting Act. If you notice any signs of re-aging, it is essential to take action. Re-aging a credit account is not only illegal, but it causes older negative accounts to appear to be more recent. This eventually leads to ruining your credit score.
Neither creditors nor debt collectors can re-age an account. From the moment an account ages, it cannot be taken back in time. Regardless of how many times an account is sold from one collector to another, the date of first delinquency (DOFD) cannot change.
Re-Aging a Debt Account Is Illegal and It Destroys Your Credit
To get technical, re-aging is an illegal act due to FCRA Section 623(5)(A). This law states:
“In general. A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action.”
Essentially, re-aging an account means that a debt states differently than the original date of the first debt. If there is a different date (meaning it has been changed) it is an illegal practice of re-aging. Re-aging is illegal under the FCRA (Fair Credit Reporting Act) for a few reasons. Not only will re-aging allow a collection to remain on your credit reports in-perpetuity, but because it can seriously destroy your credit.
The Date of First Delinquency Negatively Impacts Your Credit Score
The DOFD, known as the date of first delinquency, determines how long a negative account can remain on your credit report. Officially, the DOFD is the date that your account became 30 days late with no payments made. Negative credit items can remain on your credit report after 7 years from the DOFD. All collection agencies must comply with this amount of time, and abide by the DOFD. If they do not, then you have the right to take legal action against both the creditor and the credit bureau.
Do The Following if Your Debt Account has Been Re-Aged
Re-aging is an extremely illegal act that can be detrimental to your credit score, and your life as a whole. Low credit scores not only mean that you may have trouble getting a house loan, but you may even lose your current housing, it can affect your job, and it will be impossible to obtain a loan. If you believe that you are a victim of re-aging, you must take action.
Request Documentation About the Debt
The first step if you believe your debt account has been re-aged is to request documentation from the credit account. This is not yet a dispute letter, but only a letter requesting your “consumer disclosure file.” This file provides you a lot of different information that will help you when you do write your re-aging debt letter.
You will also be required to pay the processing fee of $12.
Find Proof of Re-Aging on Your Account
The next step is to secure the proof of re-aging. This means that the collection account must match the DOFD of the original creditor you owe. If the collection agency shows a more recent date, then re-aging has occurred.
Dispute the Collection with Documentation
At this point, you have proof of the re-aging of your account. This means you will need to write to the collection company with a dispute.
State who you are, who the original creditor is, and the account you are disputing. You should request the account be deleted immediately, and include documentation of why.
Check the Statute of Limitations to Have Your Debt Dismissed
It is good to note that if it has been a while since you have been contacted regarding the debt, disputing the debt can sometimes renew the efforts to collect. If the statute of limitations has expired, then the debt will be dismissed.
The statute of limitations on a debt is a legal date on which the debt expires and you can no longer be paid. Although it varies in every state, typically the statute of limitations will last anywhere from four to six years.
Report Debt Re-Aging to the FTC
Re-aging is a serious crime under the FCRA, so it is essential you report it to the Federal Trade Commission. You can also report this to your State's Attorney General. The entire time it is essential to keep all documentation in regards to your case.
Report the Collection Agency to the CFPB
After reporting the re-aging to the FCRA, and filing a dispute with the credit bureau, you should also report the collection agency to the Consumer Financial Protection Bureau (CFPB). You have various consumer rights, and they must be preserved.
Use This Re-Aging Debt Letter Template
There is a simple format to write a re-aging debt letter. It should read as follows:
“To whom it may concern,
I am inquiring about my account with the name of [account name]. The account number is: [account number].
Please provide my consumer disclosure file under FCRA Section 609(a)(1). I am also requesting the date of first delinquency, as well as the FCRA compliance date, along with the name of the party who reported the date of first delinquency.
My rights dictate my ability to obtain this information.”
Keep Your Goal in Mind for Writing a Re-Aging Debt Letter
If you are writing a re-aging debt letter you should do so with the full intention of having all of your information deleted. This means that instead of asking for your account to be corrected in a dispute letter, you should only state that you know the debt was re-aged, and it needs to be erased. Be sure to provide clear and concise information, with plenty of proof to support your claim.
What is SoloSuit?
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
Respond with SoloSuit
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.
If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.
Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.
Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.
Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.
We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.
Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.
Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.
Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.
Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.
Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.
We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.
You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.