Old cell phone collection attempt

[bar422]

I got a call recently in attempt to collect an old cell phone bill. This bill is from 2001 (maybe older than that) for around 450.00. Isn't there a limitation for collecting this? I was told 7 years but I also just got told 5 years so do I really need to worry about this? I am attempting to find the statute for my state to confrim this but haven't found them yet. Any help would be appreciated.--Thanks!

[Worried Mom]

The federal statute for unpaid telephone bills of any kind is 2 years.

A federal statute, 47 U.S.C. Section 415 (a), provides that the statute of limitations for civil actions to collect on unpaid telephone bills is two (2) years. Most state statute of limitations are much longer. California's statute is four (4) years for debts based on contracts. New York's law is six (6) years.

In an interesting decision, a trial court in Queens County, New York, recently held that the two year federal statute preempts state law. If the decision is upheld on appeal, a significant number of collection actions involving telephone bills will be subject to dismissal. The key factual question is whether more than two years have passed since there was any activity on the account.

http://www.californiacreditlaw.com/2009/10/court_holds_statute_of_limitations_for_telephone_bills_is_only_two_years.html

[forgotten]

I don't believe anything stops them from calling and asking for money (other than BK). If its past the SOL they just can't sue you for it... well, they can, but the SOL is an affirmative defense.

I had gotten calls recently on a 15 year old pager bill.

Oh.. and they filed a claim on my CH13. $150 original balance, $857 with interest.

[StartingOver08]

Yes, zombie debt collection is alive and well.

But they don't expect you to know the 2 yrs Federal statute that WorriedMom provided and they don't expect you to know about affirmative defenses. Besides filing BK, probably the next best thing is to be on the list that collectors use to see if you are a trouble making consumer because you file lawsuits against them for FDCPA violations!

[bar422]

Kind of looks like I don't really need to worry about it. Anyone know where you can find a list of states and what thier SOL's are? Thanks for the replies so far.

[Worried Mom]

Kind of looks like I don't really need to worry about it. Anyone know where you can find a list of states and what thier SOL's are? Thanks for the replies so far.

Here ya go!

http://www.fair-debt-collection.com/SOL-by-State.html

[bar422]

I am in Iowa and I will check out the sticky posts...LOL! Another question,is this consdiered an open account ?

[bar422]

Well they called again yesterday and left a message claiming they have a new,lower offer that they were authorized to give (funny they couldn't do anything better when I talked to them). I find it hard to believe that they would want to spend more money to pursue this so should I even do anything with it? I haven't called them back and I'm not so sure I should. Thanks for all the help so far ...any more will be appreciated!

[NoMoreCards]

Based on what your are saying (Contract from 2001) and your State's SOL, I can see why they are offering a "new lower amount".

Iowa Statutes of Limitation
Open account: 5 years from last charge, payment, or admission of debt in writing. Unwritten contracts: 5 years from breach.
Written contracts: 10 years from breach.
Demand note: 10 years from date of note.
Judgments: 20 years. However, an action brought on a judgment after nine years but not more than ten years can be brought to renew the judgment.
NOTE: Deficiency judgments on most residential foreclosures and judgments on
mortgage notes become essentially worthless two years from date of judgment.

Looks to me like they are SOL because of your States Statutes of Limitation above (from BB2U's Sticky above)

[Snickers]

NoMoreCards - It would be 10 years for a written contract by that list so it is within the SOL unless I' reading something wrong.


bar422 - Don't admit to nuttin' and act clueless about this old debt. Get their address and DV them. My guess is that their paperwork is scanty at best.

[NoMoreCards]

I read it as a "open account".

Interesting... A contract is signed to open the account, but it would be a ongoing (open) account. So I am thinking it kinda falls into both.

Perhaps the experts can help clarify.

[Snickers]

I thought 'contract' because in WorriedMom's post, they are referred to as contracts.

I'm guessing that since word of that New York ruling is making the rounds, we are going to see a massive push by JDBs to get as much as they can out of any old phone debt they own. Gonna get ugly out there folks.

[bar422]

Sorry for my memory lapse but what does DV mean. If it is the SOL of 10 years then that would explain why they are trying to settle it....the clock is ticking.

[Snickers]

It is a Debt Validation letter (there are examples around on the forum). If someone can find a sticky that covers this, please post the link.

OK, first - did you get anything in writing from these folks? You should have gotten some type of correspondence before they called you. (If not, complain to them about it, lol).

When you talk to them, get a mailing address - no other conversation. Don't let them trap you into admitting that it might be your debt or that you might be able to pay. Nothing! As far as you know, this ain't your debt. Take the offensive and do not let them bully you. Maintain your civility but if you do not get the information you need (company name & address), end the conversation.

You will send a Debt Validation request (certified mail, return receipt requested) to their address. They have to answer that request with whatever documentation they have concerning your so-called debt. After all these years, it is quite possible that all they have is your name and an amount. It happens. But, whatever they have, they have to send you a copy.

If they know their documentation is shaky, you will probably never hear from them again. If they have documentation they believe is good, then you get to see exactly what they are collecting on AND you have a firm date to compute the SOL. Heck, even if you did have an account with that phone company, what they send might not be your statement! You just never know.

Never pay a debt collector without getting the debt validated.

[backtoschool]

Well they called again yesterday and left a message claiming they have a new,lower offer that they were authorized to give (funny they couldn't do anything better when I talked to them). I find it hard to believe that they would want to spend more money to pursue this so should I even do anything with it? I haven't called them back and I'm not so sure I should. Thanks for all the help so far ...any more will be appreciated!

It is out of the SOL for collection. You will be able to get it off your credit report too if it is on there by disputing it as "out of SOL".