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  1. #1
    vacorso is offline Junior Member
    Join Date
    Oct 2005
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    What type of account is a utility bill?

    What is the name of your state? FL

    I'm trying to determine the Statute of Limitations on an electric bill from 1996 and need to know if a utility bill is considered an Oral Contract, Written Contract, Promissory Note or Open-Ended Account, or if it falls into some grey area the SOL does not apply to.
    Probably a pretty simple question, but I don't know much about the law. Thank you very much.
  2. #2
    ablessin is offline Member
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    Feb 2005
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    New York
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    813
    a utility bill should be considered a written contract.

    They provided you heat and electric - you need to pay for it . . . you don't pay, they shut you off.
    Same applies to water and telephone. I just used the electric utility for example.

    It probably could be considered open-ended too - - it's open until the customer stops paying. Then they shut the service off until the customer pays it again
  3. #3
    vacorso is offline Junior Member
    Join Date
    Oct 2005
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    What would be the best way to inform FPL that the SOL is no more than 5 years in FL, so they can't collect on a debt from 9 years ago? Is there a standard form letter I can pull up to send them?
    I'm just full of questions today, aren't I? LOL Thanks to everyone who has helped.
  4. #4
    Debt Guy is offline Senior Member
    Join Date
    Jan 2005
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    2,341
    It does not matter what type account since the longest SOL in FL for a debt is 5 years. That assumes the last payment was at least 5 years ago.

    However, being outside the SOL does not mean they cannot and will not try to collect the account. SOL is nothing more than an affirmative defense.

    Utilities are also in the unusal position to refuse to provide service to you if you owe them money. I suggest you go take care of this.

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