statute of limmitations for a debt from a company against an individual? do u need to keep receipt for 10 yr?

Question

HELP! Does anyone know the proper steps I should take? I have ecellent credit. Always pay my bills.
I recieved a letter from a collection agency, claiming that I owe 1065.00 on a phone account from NYC more than 10 yrs ago! I certainly didnt leave any outstanding bills, and I even had phone service in NYC for a year after this address. Since then I have always forewarded my addresses.
Isa person requiredto keep proof of payment on an account for phone service for 10 plus years! Particularly if I havent received any notices through out the last decade indicating that I needed to proove that I had paid it.
Does anyone know my rights in this matter? Or how I should proceed to avoid a blemish on my good credit rating? I don't intend to pay them, and I cant proove after 10 years, that I did.
It could be fraud? Or it could just be a company taking advantage of people based on the likelyhood that no one keeps a receipt for 10 yrs.

So.. If they provide validation of the debt, ie the phone company says , "yes, we say he owes it". How the heck can anyone proove they DONT owe it, unless they've keptt a receipt for 10 yrs?
Do I then have to proove that I paid it, or dont owe it? Or, is the statute of limmitations of seven years also covering the time frame that they have to collect at all? In other words. If it had been on my report for 10 years..then of course, its been more than 7, and they cannot attempt to collect, and it cannot be on my reprt any longer, but, it's never been on my report. They've never attempted to put it there, and I've never even heard about it untill now. As I've said, I don't believe I ever have owed this money, or if I owed any money back in 96, I would have paid it.
I am sending the debt validation letter, return receipt. If they validate it...then what? (11 years after the "fact") Do I have to have proof I paid it? Or am I legaly not liable, because of the time?
Thanks to all!!!!

I re- read responses. I think I understand. 4 yrs since last payment, and they're SOL? OK, Hope your right.
Cant thank you enough!!!

Answer 1

Phone bills generally fall under the UCC (for utilities) for a 4 year collecting SOL.

Check your reports - they cannot legally re-age the debt and report it if it has been 10 years. The legal reporting period is 7 years starting from the last payment before charge off.

Many junk debt buyers will try to collect 10, 20, 30 + years down the road. Plus, there are quite a few times they cannot find the person who actually owed the debt, so they go after someone with a similar name, etc.

In my opinion, if you received the letter from the collection agency less than 30 days ago and it was the first contact from them - cover your bases. Send them a debt validation letter.
If that was their first contact and you request validation within 30 days, they legally must stop ALL collections until they provide proper validation.

Never speak on the phone with them, always do everything in writing.
Never sign anything that goes to a collector. Print your initials or type your name.
Send everything to them certified mail return receipt.

Then after their "attempt" at validation or 35 days have passed from when they have signed the green card, send them a SOL letter. Which basically tells them the account is past the legal collecting time limit and to take a hike.

You might click on my profile and do some reading in the links I have listed - to the FDCPA, etc. Also do some reading in the last link I have listed, to find sample letter templates, etc.

Answer 2

The statue of limitations is seven years to collect. Tell them to stick it. If they put it on your credit report then write the credit bureau and explain the situation. They will have to remove it. Do not pay the company asking for payment anything or agree to make any payments to them. If you do the statue of limitations will start over again. Tell the company calling you the statue of limitations has expired and they are not to contact you again.