Old Cell Phone bill

[boston28pink]

so I applied to get a new att cell phone service today. I received a response from ATT stating that I had an old past due bill from them. I called them and I asked about this. Turns out it was an old Cingular bill from 2005 when I lived in PA. (I know live in TN) The bill was over 800 dollars. I asked them why it was so high and the man couldnt tell me cause it was turned over to a collection agency. I am so nervous now that I may have reactived the debt. I did not talk to anyone in the collection agency. Just the person at ATT. PA statue of limitations is 4 years and the last payment on this account was June 2005. I am also in chapter 13, only 5 months so far. Should I be worried about this. Im so nervous Im sick about it. Hope someone can help!!

[tigergem]

If you didn't pay on it, you didn't change the SOL. They might try to collect, but you have strong affirmative defense. I know, I had AFNI come after me for a Verizon bill from California from 1999. Pretty funny, because a) I never had Verizon when I lived in California. The company I worked for did, but this was not my personal account. b) At the time (last year) they contacted me about it, I had a Verizon contract. I had to pay a security deposit to get the contract, but my security deposit was refunded after one year of on time payments. I still do have Verizon for my internet, but ditched them for a prepaid for my voice cell.

[AngelinaCatHub]

I doubt you reactivated any bill. For all you know it isn't your bill. Did you admit to it on the phone? Even so if you did, that bill is out of S O L and you only were reacting to an unknown question and you did question the validity of the bill and the amount, right? That is all your call was and I doubt they would take you to Court anyway. For 800 dollars and the expense to serve you out of state would be cost ridiculous. 'Hub

[boston28pink]

thanks!

[boston28pink]

the bill is 800 cause of interest and fees. the original bill was on for 213. and i asked why it was so much and he didnt know. he was going to go to talk to their collection dept about the fees but then i hung up. so i guess i did say that i was aware of a bill from 2005 but never said yes i owe you people 800.

[tigergem]

So worst case, you might have just updated your contact information for the collections. Just be prepared with your defense if you hear from them again. Don't talk to them on the phone, only deal with them in writing. You'll be ok.

[boston28pink]

so if they start calling me or sending mail (which i havent seen in 5 years anyways) i just need to write them and say that this is past the statue of limitations? will my attorney need to add this to my chapter 13 bankruptcy if i hear from them or just ignore it?

[tigergem]

Well. Honestly. If I was already in a confirmed bankruptcy and had forgotten a debt, and I knew for absolutely sure that the SOL had passed, I would not move to include it in the bankruptcy. If you hear from them, first check your credit report and see if it is on there. If it is, dispute it with the CRA first. Then, if the CRA says it is verified, send the CA a debt validation letter. There is a very good reason for disputing it with the CRA first, but I can't seem to find the reference just now. If you can catch them in a FCRA violation or an FDCPA violation, then you have damages of $1,000 for the incident plus damages.

You're welcome. Don't say I didn't get you anything for Christmas.

[boston28pink]

thank you again. i will just wait to hear from them. i may not since i havent in so long. when i checked my credit report in september 2009 before i filed my chapter 13, it wasnt on there, so im not sure if they would later put it on there. but i will do what you said. i feel much better now.