Cell Phone debt, how long is the statute of limitations with a contract?

Question

If I signed a contract with US Cellular in the state of Illinois, how long will it take for the statute of limitations to take effect and kill the debt? I've been dealing with a collections agency and they say that the statute of limitations is not up on it, so they aren't willing to deal with me for the amount that I would be willing to pay. Answers? Suggestions?

Ok, what I really need to know is- Is this a written contract or an open account? I talked to Trans Union and a couple other agencies and they said the debt would drop this december.

Hey Echo- If they aren't licensed in my state can I get the debt off my repot completely. And how do I find out if they are licensed to collect in my state. I doubt they'll tell me if I ask them, they don't want me to know that info.

Answer 1

Cell phone debt should not fall under either written or open but should fall under the UCC for sales, with a 4 year SOL.

You might read your states UCC statutes
Also, check and make sure the collection agency is licensed and bonded to collect in your state

edit++++++++++++++

To check if they are licensed AND bonded go to the Illinois Department of Professional Regulation (IDPR) website

www.idfpr.com/license.asp

Click on Professional Regulation.Click on License Look-up. In the drop down box for business type - you want Collection Agency. Then put in the business name

In Illinois, there is an exemption statute for out of state collectors. If the collector is located in a state that does not require collectors to be licensed and/or bonded, they would be able to skate the Illinois requirements.
If the collector is in a state that does require collectors to be licensed and/or bonded - they "must" be licensed and/or bonded in Illinois also.

Exemption for out-of-state collectors:
Out of state collectors "may" be exempt if:
[1] not soliciting accounts in Illinois;
[2] their state of residence has laws which provide similar reciprocity (allow out-of-state agencies to collect only); and
[3] the state in which the non-Illinois agency resides extends the same privileges to out-of-state agencies.

When in doubt, contact the IDPR and speak to someone about it.

If they are not licensed and bonded, contact the IDPR and inform them that the collection agency is trying to collect without being licensed and bonded.
Then file a complaint with the Attorney General in your state and the collectors state. Then write to the collection agency and tell them to delete the information from your credit report since they are not licensed in the state of Illinois to collect (be sure to file your complaints "before" you contact the collection agency about it - create a papertrail)

Even if they "suddenly" become licensed and bonded after your complaints, etc., you still have the option to still file a suit on them for their violation of trying to collect while not being licensed and bonded. (that's where your papertrail will come in handy)


If they are violating and you decide to sue, check your state's "Long Arm Statute" and you should be ablt to serve their resident agent in their state and drag them to court in your state.

Answer 2

Web search debt statute of limitations for your state. But that has nothing to do with how long it remains on your credit report, which is a little over 7 years since last activity on the account (last time you made new charges or a payment). If you left any charges or contract cancellation fee unpaid, that does not just go away, unless you have something in writing verifying that it was settled. If it had been "charged off" earlier, that does not mean they forgot about it, it just means that it went from current account to collections (where it apparently still is).

Answer 3

For Illinois (written contracts) the statute of limitations is 10 years. Please see the link below for other statutes. On other menu tabs on this site, there are links to sample letters to send to collection agencies as well as other helpful tips.

If TransUnion is telling you the debt will fall off your report in December, then the debt will fall off your credit score, but the agency can still sue you for 3 years after that. You want to be careful what you say to them. Good luck!

Answer 4

I think what you're referring to is how long the debt can be reported on your credit report. 7 years after the last activity. That's a long time, and I'd bet your cellular debt is much more recent. If you owe the bill, pay it. It isn't worth it to lose your credit rating while you wait.

Answer 5

So many valid answers already for this