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SOL - Michigan for old phone bill

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zeuss

Member
What is the name of your state (only U.S. law)? Michigan
What is the statute of limitations on a utility like a phone bill?
I have received a collection letter last month for a very old phone bill and I have never had that phone number. It is as far as I can tell 9 years old. I believe that it is possibly an old number that my daughters father had back then. So he must have used my SSN to get it and there is no way of tracking him down now. I should have followed through with it then but time got away from me. Yesterday I received another letter from some collection law office in New York on it but they are offering a lower pay off of 40% but I can't believe this is haunting me. What is the law in Michigan for the SOL?
 


tby2000

Junior Member
Sol

Your SOL appears to be 6 years, so it appears to have run.

HOWEVER, if you make a payment arrangement or pay one cent, the statute will re-set, and you'll be back on the hook.

I would just ignore them, or if they keep calling, send a cease and desist letter.

If it shows up on your credit report, dispute it since its over 7 years. If they confirm the information after the dispute, you can sue under the FCRA arguing that they failed to conduct a reasonable investigation as required.
 

zeuss

Member
Thank you. I will send them a letter. It is not on my credit report at all because I have had it pulled several times over the past years to purchase a vehicle or whatever and it has never shown up.
 

ecmst12

Senior Member
It's not a violation of any law to attempt to collect a debt that is out of statute. It's not illegal to sue for it either. SOL is an affirmative defense which must be presented and proven by the defendent in court, nothing more. If they sue, you go to court, prove that it is past the SOL, and you win. But they can attempt to collect it until the cows come home.
 

tby2000

Junior Member
Sueing after SOL

ecmst12,

There is actually some case law in the 3rd circuit that sueing a consumer after the SOL has expired IS a violation of the FDCPA based on the rationale that the suit is a "false and misleading tactic" in that the collector is mischaracterizing the status of the debt, and per the least sophisticated consumer test, filing an action when one knows the same is unenforcable could also be characterized as confusing and misleading, which is also a violation of many of the state statutes.
 

TigerD

Senior Member
ecmst12,

There is actually some case law in the 3rd circuit that sueing a consumer after the SOL has expired IS a violation of the FDCPA based on the rationale that the suit is a "false and misleading tactic" in that the collector is mischaracterizing the status of the debt, and per the least sophisticated consumer test, filing an action when one knows the same is unenforcable could also be characterized as confusing and misleading, which is also a violation of many of the state statutes.
Provide your cites.

DC
 

tby2000

Junior Member
dc,

will try to remember to give you the case. I do recall that it's relatively recent. I don't have westlaw access at home, just work, so that's why I provide yesterday w/o the citations.
 

Credithis

Member
Send a SOL letter to the collection "law" firm stating this alledged debt is time barred by your applicable statues of limitations if it exists and ask from them proof of the alledged debt to cover the protections of the FDCPA.

This will help (keep a copy and send cmrrr) if they do sue. It Could then be considered a frivolous lawsuit if they do take you to court. Just to cover every angle.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Michigan
What is the statute of limitations on a utility like a phone bill?
I have received a collection letter last month for a very old phone bill and I have never had that phone number. It is as far as I can tell 9 years old. I believe that it is possibly an old number that my daughters father had back then. So he must have used my SSN to get it and there is no way of tracking him down now. I should have followed through with it then but time got away from me. Yesterday I received another letter from some collection law office in New York on it but they are offering a lower pay off of 40% but I can't believe this is haunting me. What is the law in Michigan for the SOL?
Do you currently live in Michigan?
 

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