Collection letter from old account

[DJ21]

I can't find any information that says that the SOL for Louisiana Cell Phone Bills is 10 years. Can anyone verify this? I just don't want to poke anything and wake up something and it go on my credit as a recent account, because it is not.

[starry1]

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@Anonymous wrote:

SOL ten years? - UGGHHHH.  Pay it only if you think they might sue you for it - and get a WRITTEN promise of not re-aging it and placing it on your credit report.  

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They cannot legally re-age it anyway, there is no point in getting that in writing.  And make sure when you talk to them (or preferably write to them) that you say nothing acknowledging that the debt is yours.  Say, I don't agree this is my debt, but I will pay it to get you out of my face.

[starry1]

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@DJ21 wrote:

I can't find any information that says that the SOL for Louisiana Cell Phone Bills is 10 years. Can anyone verify this? I just don't want to poke anything and wake up something and it go on my credit as a recent account, because it is not.

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Ohhh, its a cell phone.  There is a Federal SOL on cell phones, which is 2 or 3 years.  Tell them to go pound sand or negotiate a settlement for pennies on the dollar if they give you a paid in full letter.

[DJ21]

So basically, if I ignore them until December 24, 2014, it will be considered SOL and I won't have to pay?

[starry1]

Its already SOL per federal statute.  But that doesn't mean that they can't still try to collect.  They can try to collect forever.

[DJ21]

But, does that mean that a new collection can pop up on my credit report? Because if it can't, I am going to tell them to go play in traffic.

[Anonymous]

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@starry1 wrote:

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@Anonymous wrote:

SOL ten years? - UGGHHHH.  Pay it only if you think they might sue you for it - and get a WRITTEN promise of not re-aging it and placing it on your credit report.  

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They cannot legally re-age it anyway, there is no point in getting that in writing.  And make sure when you talk to them (or preferably write to them) that you say nothing acknowledging that the debt is yours.  Say, I don't agree this is my debt, but I will pay it to get you out of my face.

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I wasn't sure if that was possible in this instance. If a cell phone bill is considered an 'open ended account' then the SOL is three years:
http://www.creditinfocenter.com/rebuild/statutelimitations.shtml

I'm not sure how a cell phone account is classified.

[Anonymous]

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@DJ21 wrote:

But, does that mean that a new collection can pop up on my credit report? Because if it can't, I am going to tell them to go play in traffic.

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No its beyond the age limit to be placed on your credit. 7 1/2 years max.

[jeffeverde]

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@Anonymous wrote:

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@DJ21 wrote:

But, does that mean that a new collection can pop up on my credit report? Because if it can't, I am going to tell them to go play in traffic.

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No its beyond the age limit to be placed on your credit. 7 1/2 years max.

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Which won't necessarily stop a zombie CA from reporting it, in an attempt to get a response. 

DV the current CA.  If they actually send you anything showing the debt goes back to 2004, file it away (or if you're a pack rat and still have any old bills or dunning letters, pull them out).  Send a copy of your documents showing this is a 10-year old debt to the CRA's and tell them "Obsolete - please delete".   If a CA does something silly like re-age the debt, document their FCRA violations and collect your $1,000 bounty.

Beyond that, you can send a FOAD letter to any CA's that contact you, telling them "this is out of SOL, do not contact me again". 

Also, on an out of statute debt, the CA is required to state in any communications with you, that the debt is out of statue and that you can not be sued.  If a CA says something like "If you don't pay this, we'll be forced to sue you", that's a $1,000 FDCPA violation - thank you very much.

[Anonymous]

My wife just received a collection notice related a similar matter... it's from Convergen Outsourcing, Inc. for an old Express store charge card that she defaulted on 11-12 years ago, we just received it today and on the notice they state that "The law limits how long you can be sued on a debt, and your debt is beyond that limitation." 

On the back it has the standard "30 days to dispute" blah, blah, blah and then AGAIN notes that it's beyond the SOL.  So, pretty much we can send them a FDCPA letter stating that this debt is obsolete due to age and basicly tell them to kiss off and then they can never contact us again??