vendredi 14 décembre 2018

Settling a Debt: Can I Get Out of Bad Credit Jail by Doing Nothing

My question involves collection proceedings in the State of: Oregon

Since 2003, when Social Security declared me permanently disabled, I have been unable to afford health insurance to supplement my basic Medicare coverage (in spite of the useless ACA). Nor can I even pay the onerous co-payments I incur as I am passed around from one medical "specialist" to another. Consequently, I have virtually papered my home office walls with unpaid medical bills. I tried making partial payments until I discovered that seemingly honorable approach just keeps restarting the statute of limitation dates. All in all, it seems that just waiting out the statute dates is the only way I will ever be released from Bad Debt Jail.

In this regard, could someone please confirm (or correct) what seems to be the statutes applicable in Oregon to any unsecured debt.

1. Creditors and/or their collection agencies can attempt to collect unpaid bills literally forever as long as they do not violate the U.S. Fair Credit Collection Act because there is no statute of limitations on collection per se. A debt is a debt until it is no longer a debt.
2. They cannot sue in court after the SOL for legal action on unsecured debt, which is 6 years in Oregon. They can only send me demands for payment but cannot go to court for enforceable judgments.
3. The credit bureaus must remove reported debts from a person's file after 7 years under the U.S. Fair Credit Reporting
Act, thereby upgrading credit scores.

The countdown for 2. and 3. starts when the first delinquency occurs, which date I suppose is subject to argument. Any activity such as debt consolidation or partial payments restarts the clock to the date of that activity.

Is all this legally correct ?

P.S. I am using the expression Bad Debt/Credit Jail as a euphemism only!


Settling a Debt: Can I Get Out of Bad Credit Jail by Doing Nothing

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