Hello everyone, I have never done this before so please be kind 
I am a Marine stationed in Quantico, VA and yesterday I recieved a letter in the mail from a company called AFNI. It was to notify me of a debt that I owed on a cell phone account that was opened in June of 2001 and closed in November 2001. I never opened this account and now they are threatening me with putting it on my credit report.
I did some research and from what I can find, the SOL for NY (where the contract was signed) is as such:
New York Statutes of Limitation
N. Y. Civil Practice Law and Rules: Chapter Eight of the Consolidated Laws, Article 2 - Limitations of Time:
211. Actions to be commenced within twenty years. (a) On a bond. (b) On a money judgment. (c) By state for real property. (d) By grantee of state for real property. (e) For support, alimony or maintenance.
212. Actions to be commenced within ten years. (a) Possession necessary to recover real property. (b) Annulment of letters patent. (c) To redeem from a mortgage.
213. Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud.
213-a. Actions to be commenced within four years; residential rent overcharge.
213-b. Action by a victim of a criminal offense.
214. Actions to be commenced within three years: for non- payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical or dental malpractice; to annul a marriage on the ground of fraud.
UCC, Section 2--725. Statute of Limitations in Contracts for Sale. (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party`s lack of knowledge of the breach. Contract for lease of goods: 4 years (N. Y. U.C.C. 2-A-506(1).
S 203. Method of computing periods of limitation generally. (a) Accrual of cause of action and interposition of claim. The time within which an action must be commenced, except as otherwise expressly prescribed, shall be computed from the time the cause of action accrued to the time the claim is interposed.
I also found that there is a Federal SOL on cell phones that is 2 years long for debt collection, I just dont know where cell phones would fall under either SOL. Can anyone verify if I am headed in the right direction? I have worked hard to clean up my Credit Report, and I refuse to let this "Debt" ruin it. Can anyone help me out?
I saw this post http://ficoforums.myfico.com/fico/board/print?board.id=generalcredit&message.id=119092&page=1&format... and hoped someone might be able to help me.
Respectfully,
Sergeant NAME EDITED
USMC
1 ACCEPTED SOLUTION
Accepted Solutions
This was just what I needed to hear! Thank you very much for the responses! I will send the FOAD right now. One last question though. Because the Federal SOL makes this debt null and void, they couldn't bring this back to life with a Debt Validation could they?
When I first found this letter I called them, and told said that I am disputing this debt. They told me that they have 30 day to do a Debt Validation, and they would get back to me then with the results. I hope I didnt shoot myself in the foot! 
holhat wrote:
what is FOAD? I don't see it in the list of abbrev. Thanks
FOAD is a highly unofficial abbreviation standing for "(----) off and die." It would be the letter you might choose to write to someone attempting to collect with no right to do so.
