Friday, July 31, 2009

What is the statue of limitations for collecting a debt?

I live in Washington state. Sixteen years ago, My husband and I moved from town out into the country, we had our phone transfered from one prefix to another, stayed with the same phone company, just got a new number with new prefix. Just 2 days ago we get a letter in the mail from a collection company saying we owe the phone company over 2 thousand dollars from the phone number in town. There is a huge mistake somewhere, we dont owe this amount but can someone really go back 16 years and try to collect a debt?

What is the statue of limitations for collecting a debt?
Statue of limitations for collecting debt vary from state to state. However, I think that it's quite safe to assume that 16 years is far beyond what any of the state limits would be.





They can legally keep calling you and mailing you letters for a lifetime but they cannot sue you for the owing debt - it's too late for them to do that.





I wouldn't bother trying to remind them of this though - afterall they'll just keep calling you because they can!! Get a private phone number and never give it out and just toss any letters you get from them into the shredder.





The big thing is your phone number.... prevent them from calling you by unlisting your phone number and keeping it private and that should give you some peace and quiet for a few more decades. Good luck!





EDIT - I would NOT acknowledge the debt at all, if I were you. Keep the case closed and speak not another word about it to them. Sometimes acknowledging a debt or offering to make a payment can re-open the case and cause one a bunch of havoc. If you do nothing about this and simply refuse to communicate with them anymore (and prevent them from contacting you) you'll find that they're just a bunch of toothless lions looking to see if they can fool you into still paying the debt, but really they can do nothing to you...
Reply:no they can't.





blow then off........
Reply:They can't collect after 16 years. The FTC has guidelines for the statute of limitations for debts such as these. Also consider that it might be a scam by a collection company. It happens more frequently than you think.
Reply:Yes they will. In the state of Texas your utility deposit and bills are based on the bills that former residents did not pay. In my case a 900.00 deposit was required. So, I found if you can take ,fax proof that you have never been responsible for such a large sum in the phone company they will have to comply Be sure to look into not being a victim of identity theft
Reply:No way that is a joke!
Reply:No, they can't go back 16 years. The collection company cannot sue you or add this item to your credit report since re-aging is illegal. The link below is a list of the statute of limitations for each state and lists the times for verbal and written timeframes. If you need it, there are also sample letters to send to the creditors and/or bureaus on this site.
Reply:no not for that amount, be prepared for a battle here.


send this people a letter telling the to ceaist and desist all communication with you--goggle ceast and desist letter and they will have templates for you. Send it certified. meaning if they contact you, you can file suit. I would look on your credit report seeing if it is 16 years old it should be off of your report. if it is on there they are re-aging you debt again this is illegal too. just be care full, this collector bought that debt for 2 cents on the dollar trying to trick you.


good luck,
Reply:Yes, they can try to collect the debt.





First, contact the phone company and see if this collection agency is working for them.





Then, dispute the charges, demanding in writing proof of the validity of the debt. If they can not prove it, then they must cease attempting to collect money.





Typically, they won't report a debt that old to the credit bureau.





CAUTION: Many scams go on with collection agencies making up or finding old outstanding debt that is no longer valid, and attempting to collect on it. So always be cautious, and investigate before you even agree to speak with them.
Reply:No...the statute of limitations varies from state to state.


If you agree to pay the bill or make payment arrangements, it restarts the statute. I would just ignore it. If they call you, tell them the statute of limitations has expired and hang up.





In Washington, the limitations are:





WASHINGTON Wash. Rev. Code Ann. § 4.16.005 et. seq.


6 yrs for written contract


3 yrs for oral contract


3 yrs for injury


3 yrs for damage





Depending on whether WA views a phone bill as a written or oral contract I don't know. It's possible a utility company has a different limitation. I've at least given you a starting point to research.
Reply:In CA the statute of limitation is 4 years, not sure what it is for WA but 16 seems way too long. After the statute of limitations, they can still try (try being the operative word), but they will not have any legal backing. As previously stated it is probably a scam. Call the phone company directly and ask them to look at your account. If they say you owe them money ask them to remove the charges (because you paid them or whatever the case was), if they say no, call back and ask someone else. Each rep is different and some will be more willing to help than others. If that fails talk to a manager (or escalation manager). Good Luck


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