Someone charged up my cell phone bill 5 years ago and att wireless was unwilling to work with me on it, so i didnt pay. They keep throwing out new threats. I thought the matter was recently resolved when they told me they were going to close it and do that thing where you have to file it as income on your income taxes. Now they say they are going to small claims....................
2007-03-07 10:58:33 · 6 answers · asked by krysmaslily 2 in Business & Finance ➔ Credit
IF the account became negative 5 years ago - you are out of the collection statute of limitations (SOL).
Cell phones fall under the UCC for utilities with a 4 year SOL.
Is it the original creditor or a collection agency making those threats?
If it is an original creditor, send a debt verification letter.
If it is a collection agency, send a debt validation letter.
Send any and all letters certified mail return receipt.
If it has been 5 years since the account became negative, after 35 days or after receiving validation/verification send them a SOL letter.
IF they due file a lawsuit against you, include in your answer an "affirmative defense of SOL" and countersue for them filing on a time barred debt.
2007-03-07 11:35:37 · answer #1 · answered by echo 7 · 2⤊ 1⤋
NO and MAYBE. IF they take you to court, it won't be small claims court. As far as ANYTHING the collection agent said, you can tell when they are lying because you hear their voice. Their job is the SCARE you into sending them money. If they were actually going to sue, the process server would be the one that told you.
While technically, forgiven debt is taxable as income, the cell phone company will NOT report it because then they have legally forgiven the debt. Even if they did, you would only pay a MAXIMUM of 35%. If they make that threat again, offer to settle for that amount. See how fast they change their tune.
2007-03-07 12:48:56 · answer #2 · answered by STEVEN F 7 · 0⤊ 0⤋
I doubt that they are 'really' going to sue you.
But hey, a lie is as good as the truth if you believe it.
WHat probably happened is that your debt has been 'sold'.
A boiler room operation bought the loan and they get to keep whatever they can talk you out of.
Next time they call ask them for the address of where you can send the payment. I bet you will find that it is NOT the address (or it is not affliated with the addresses of ATT or cingular)....
If they do sue you, SO WHAT, there is no debtors prison.
The worse they can do is enter a judgement against you
if they do pay it then
If not, hell with them
Good luck
2007-03-07 12:08:14 · answer #3 · answered by kissmymiddlefinger 5 · 0⤊ 0⤋
swap plans. lots of the super companys now have prepaid. in case you experience which you will teach your case, take it to small claims. you will would desire to bypass. They in all probability won't pay a criminal expert to come returned characterize them except the money in contact makes it sensible- money sensible. good success!
2016-12-18 07:59:23 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Yes, if 5 years is shorter than the statute of limitations for your state. Please see the link below for the length of time by state.
2007-03-07 11:13:38 · answer #5 · answered by Mariposa 7 · 0⤊ 0⤋
I doubt it.
2007-03-07 12:38:59 · answer #6 · answered by Anonymous · 0⤊ 0⤋