topic Cell phone debt collection in General Credit Topics

Cell phone debt collection

Anonymous — Tue, 02 Dec 2008 14:38:03 GMT

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=page and hoped someone might be able to help me.

Respectfully,

Sergeant NAME EDITED

USMC

Message Edited by llecs on 12-02-2008 09:38 AM

Re: Cell phone debt collection

Anonymous — Tue, 02 Dec 2008 17:28:13 GMT

i just had some success with AFNI deleting an old sprint account. i sent them an email about 4 months ago and just saturday i got a letter saying they will delete.

i don't have the email address i used right now but i can certainly get it for you if you want it

Re: Cell phone debt collection

Anonymous — Wed, 03 Dec 2008 02:16:29 GMT

USMC,

your case is simple - send them a FOAD letter and sleep tight.

there is nothing they can do other than calling or sending you letters until you tell them to stop (the FOAD letter is ultimately written to this effect).

SOL on this type of debt is federally mandated at 2 years.

CRTP, the reporting time bad debts, collections and other derogatory information can stay on your credit report is 7 years from date of default.

So, whether the debt is yours or not, they can't put it on the report or sue you any longer (should they sue you, your affirmative defense is, SOL expired on this type of debt).

I would also immediately file complaints with the AGs in your and the CA's home state, the FTC and the BBB for violation of the FDCPA for threatening you with reporting, when such reporting would be illegal.

If you really want to have fun, you could immediately sue the CA for FDCPA violation in NY Small Claims court for at least $1,000, most likely $2,000 if the letter didn't contain a notice of your rights to dispute (mini-miranda).

good luck!!!

Re: Cell phone debt collection

Anonymous — Wed, 03 Dec 2008 12:57:17 GMT

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!

Re: Cell phone debt collection

Anonymous — Wed, 03 Dec 2008 13:28:06 GMT

No. Once an SOL has expired only a payment, agreement to pay or ackowledging the debt could possibly restart the SOL. Those situations are all for state mandated SOLs.

I am sure they would be the same for a federally mandated SOL.

Re: Cell phone debt collection

holhat — Mon, 29 Dec 2008 17:44:37 GMT

Glad I happened upon this one......I just had Sprint kindly add themselves to my report with "Harvard Collections". Experian report says Date Opened: 6/08 Reported since: 7/08 Date of status: 7/08 and Last Reorted: 7/08.

I had a Sprint acct some years ago but have had Verizon for the last couple yrs now. Can you elaborate on the federal SOL? I didn't know there was a fed SOL for cell phones. I'm in Washington, can you explain for me a bit more, I'm confused, I apologize.

Re: Cell phone debt collection

holhat — Mon, 29 Dec 2008 17:48:13 GMT

what is FOAD? I don't see it in the list of abbrev. Thanks

Re: Cell phone debt collection

holhat — Mon, 29 Dec 2008 19:22:03 GMT

Ok, now Im really confused......I just found this and they say there is no 2 yr SOL.

Message Edited by HappyDays on 12-29-2008 11:22 AM

Re: Cell phone debt collection

haulingthescoreup — Mon, 29 Dec 2008 18:04:23 GMT

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.

Re: Cell phone debt collection

Anonymous — Mon, 29 Dec 2008 18:29:19 GMT

The post you referred to is talking about State SOLs. The 2 year SOL is federally mandated and can be found under USC 47, Chapter 5.

Re: Cell phone debt collection

Anonymous — Mon, 29 Dec 2008 18:41:52 GMT

USMC82, everything demed said is on the money. Federal law preempts state law!! There is only 1 state that is exempt from only 1 federal law (that I know of). That law has nothing to do with your problem.

This is the Federal Statue for all phone service

TITLE 47 > CHAPTER 5 > SUBCHAPTER IV > § 415

Prev | Next

§ 415. Limitations of actions

All actions at law by carriers for recovery of their lawful charges, or any part thereof, shall be begun within two years from the time the cause of action accrues, and not after.

Message Edited by HappyDays on 12-29-2008 10:41 AM