Utility Bill Help

[dymalone]

What is the name of your state? Mississippi

I just received a call from a collection agency known as ER Solutions. They have been assigned to collect $129 from an old utility bill that was incurred back in 1999.

I checked my credit report and the last activity reported on this account was back in 2002.

I told her on the phone that I had no intention of working with a debt collection agency and that I would work with the OC only, and that the account was time barred since the SOL in MS is 3 years. She then tried to argue with me on the phone, stating that it was 7 years on utilities.

After hanging up with her, I looked online a bit and found this link, which stated that the SOL in MS is 3 years and it appears to be all inclusive. The link is:

http://www.bankrate.com/brm/news/cc/20040116b2.asp#ms.asp

Am I correct on this or did she just lie to me on the phone to try and get me to pay NOW??

 

[msmedic]

You are correct. The SOL in Mississippi is 3 years, so the debt would be considered time barred.

 

[TigerD]

You are correct. The SOL in Mississippi is 3 years, so the debt would be considered time barred.

Please explain what you mean by time barred.

 

[msmedic]

Let's say a collection agency buys a debt from the OC and they hold on to this debt for some time (like in the example above). They decide to try and collect this debt from 1999 which is clearly outside of the SOL in MS (3 years). Even though there was activity on the account in 2002, it still is outside the SOL. The debt collection agency can file lawsuit all they want. Since it's outside the SOL the debtor, at this point, is morally obligated to pay this, but not legally obligated. Once an account goes beyond the SOL, it's considered "time barred."

 

[dymalone]

I agree with you there msmedic,

I contacted a very successful attorney here in MS. He was part of a $4million lawsuit agains TransUnion (TransUnion lost by the way).

I told him that they called me and threatened legal action against me and he happily said that he would draft up a complaint against them, that they violated the FDCPA. He said they could not sue me and win because the debt was time barred (outside the statute in Mississippi - 3 yrs).

I read the attorney's profile and he is a partner in his firm and they have won many, many cases against debt collection agencies for violation of the FDCPA.

He said that they made threats to me over the phone and that they couldn't take legal action against me in MS (they would have to carry me to court here in my state) and he said there's not a judge that he knows that wouldn't dismiss the suit because of the time barred debt.

I'm glad I looked into it.

 

[TigerD]

Let's say a collection agency buys a debt from the OC and they hold on to this debt for some time (like in the example above). They decide to try and collect this debt from 1999 which is clearly outside of the SOL in MS (3 years). Even though there was activity on the account in 2002, it still is outside the SOL. The debt collection agency can file lawsuit all they want. Since it's outside the SOL the debtor, at this point, is morally obligated to pay this, but not legally obligated. Once an account goes beyond the SOL, it's considered "time barred."

And that's what I thought you were going to write -- it also happens to be wrong.

The only case in which you would be right is if the state had a statute of repose, or a law specifically barring lawsuits from being file after the SOL expires. Since there is neither in this state -- you strike out.

SOL is an affirmative defense. The debtor has to prove it.

There is nothing barring the CA, OC or mickey mouse from filing suit.

Of course, this issue has been discussed at great length by people far more knowledgeable than you on this very board and what do you know: There is a search button right up there above the posts.

 

[msmedic]

Since there is neither in this state -- you strike out.

Since we're being nit-picky,

YOU are wrong in one aspect of your statement. Mississippi DOES have a Statute of Repose (on product liability).

And why would this attorney that is referenced above say that the DCA can't win the case, if truly they could? I would like to think that he has far more experience than you in practicing law in this state.

 

[FlyingRon]

Since we're being nit-picky,

YOU are wrong in one aspect of your statement. Mississippi DOES have a Statute of Repose (on product liability).

And why would this attorney that is referenced above say that the DCA can't win the case, if truly they could? I would like to think that he has far more experience than you in practicing law in this state.

He didn't say that you couldn't win the case, he said there's no statute prohibiting them from filing it.