2007-12-19 06:43:44 · 18 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The bill was paid and my husband has requested information from the bank that he did business with 9 years ago. He has requested information regarding the bill. The collection agency said that if he paid 1/2 of it within the next 24 hours, they would write the other 1/2 off. It all seems fishy to me.
2007-12-19 08:42:35 · update #1
Depends on the state, however it is most likely elapsed. See http://www.fair-debt-collection.com/
By the way, just because the statue of limitations has lapsed does not mean he does not owe the money. It just means they can not take certain actions (such as sue you) to collect the money.
2007-12-19 06:47:29 · answer #1 · answered by davidmi711 7 · 5⤊ 0⤋
What state are you in?
Also, there are ways to reset the statute of limitations. If your husband agrees that the debt was his then it can reset the clock. Also, some companies will send out credit cards or rebate offers and things like that that have hidden in the small print a part that has the person agreeing to re-accept the debt. That will reset the clock as well.
This is something called zombie debt. Also, even if the statute of limitations is over, they can still ask your husband to pay. The statute just means they cannot sue your husband for the debt. They can still contact you and request that you pay it. The debt is still a real debt. It just cannot be taken to court.
Using the laws for debt collection, you can request that the collection company not contact you anymore unless it is to notify you of legal action. If they cannot sue and cannot contact you then it is pretty much over. However, some companies will ignore that and keep contacting you. Some will even try to sue even though the statute is finished. They are hoping you do not show up to court and a default decision is made. The court will not automatically deny the suit if the debt is beyond the limitations. You have to go to court and argue that it is beyond the statute. Hopefully, you have a legit company that will follow the laws. Also, it may be a small debt that no one is willing to sue over. Your husband will just have to make sure to never do business with that company again. They can add the old debt to a new debt and reset the statute of limitations that way.
2007-12-19 06:52:51 · answer #2 · answered by A.Mercer 7 · 0⤊ 0⤋
The reason he is getting the bill is because the phone company sold the outstanding bill to the collection company. They typically pay pennies for these accounts, and turn around and try to collect. Anything they collect is money in their pockets. Now, if they contact you, and you make any sort of payment, the debt is "renewed" and is no longer 8 years old. They can then (now) take you to court to collect. Don't pay it now.
2007-12-19 07:15:16 · answer #3 · answered by working mom of 3 4 · 0⤊ 0⤋
You're saying the phone call was made 8 years ago, and it's just showing up on the bill now ?? That doesn't sound right; if you feel you're being billed unjustly, go ahead and pay it, then file a formal complaint with the state utility agency in your state. They'll review your complaint, and if they agree with your contentions, then they'll order the phone company to reimburse you. You may want to also postpone paying it, and file a complaint anyway, but depending on your state's consumer protection laws, the phone company may elect to disconnect your service for not paying your bill.
2007-12-19 06:52:13 · answer #4 · answered by Anonymous · 0⤊ 1⤋
There is no statute of limitations on the collection of debts. If your husband owes someone money, he owes them money. There is a statute of limitations on filing a lawsuit to collect a debt. Here are the numbers by state:
http://www.cardreport.com/laws/statute-of-limitations.html
Edit: Debts do not magically go away after 7 years, even if the debtor has not been notified in that time.
2007-12-19 06:48:14 · answer #5 · answered by smartsassysabrina 6 · 1⤊ 1⤋
Depends on state. Look it up, Your State, Statute of Limitations on debts, utility bills owed.
Now does he owe this bill? If he owes it and they write it off, then they'll probably issue him a 1099C, forgiveness of debt, requiring you to declare as income the forgiven debt.
If he doesn't owe it, then he must dispute it, contest it.
2007-12-19 06:48:10 · answer #6 · answered by chatsplas 7 · 0⤊ 0⤋
In NZ anything after 7 years is wiped. I do wonder though how come he didn't pay it 8 years ago? You can run but you can't hide! To be honest I'd just pay it. If it is his Bill then he should pay it.
2007-12-19 06:47:56 · answer #7 · answered by Anonymous · 0⤊ 1⤋
Typically it's 7 yrs and it's out the door, all depends on the state you are in. Some states are 4 yrs....def. look into it.
2007-12-19 06:46:20 · answer #8 · answered by manch8582 1 · 1⤊ 1⤋
Just let it go. Statute of Limitations is over. Collection companies try to scare you into paying, or at least responding. If you respond, you start the statute all over again...
2007-12-19 06:47:09 · answer #9 · answered by ssmesq 5 · 2⤊ 2⤋
Ask for more proof about the bill. It may be a scam.
2007-12-19 06:48:12 · answer #10 · answered by TammyL 1 · 2⤊ 0⤋