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what is the statute of limitations on a utility bill debt in NC?
Got a call from a collection agency attempting to get money on an old phone bill going back to 2006. I don't even recall the debt! We just got a mortgage on a home 2 years ago and it wasn't on the credit report then. Now it has suddenly appeared and they are threatening a judgement against me. Any help would be appreciated :)
6 Answers
- RangerLv 67 years agoFavorite Answer
Collection agencies buy up old debts and then strong arm people into paying something they don't remember or don't even owe. It's possible it's not even your debt but someone with the same name or any number of other reasons. Whatever you do don't acknowledge the debt or send them any money at all. Simply tell them you have no knowledge of any such debt and that they need to provide you with specific details of the debt and how it is connected to you by certified mail in writing and only then will you look into it. Otherwise it is in no way your debt and you just deny it. Period.
Here is a link to the Dave Ramsey website and his advice on dealing with debt collectors. Go there and read many of the links provided on this page. You'll quickly see you have plenty of rights and these jokers are just trying to scare you. Don't let them get under your skin. That's their tactic... fear. They will tell you all kinds of lies to get you to take responsibility for a debt that may not even be yours. http://www.daveramsey.com/search/process.search/?s...
Another great financial person is Clark Howard. Below are links to some of his advice too.
http://www.clarkhoward.com/news/clark-howard/consu...
This next one to an overall search I did of his site for you. It will give you links to things he has had to say on the topic. http://www.clarkhoward.com/query/?cx=0143681663799...
Good luck and I hope this is helpful to you!!
- bdancer222Lv 77 years ago
The NC Statute of Limitations (SOL), the time frame to bring lawsuit, is 3 years. Typically the SOL starts from the date of last activity or last payment. This debt would be beyond the SOL. If they sue, use the SOL as an affirmative defense to the debt. Be sure to respond to the summons and show up in court.
The debt should not show on your credit report either. Derogatory items age off 7 years from the date of first default. This is per the FCRA and nothing restarts that clock.
This is a zombie collection agency who likely did a skip trace for someone with a similar name. Then starting contacting everyone hoping to find someone willing to pay. Tell them to go pound sand.
If they continue to bother you, send the collection agency a certified, return receipt letter telling them to cease all contact as the debt is not valid. They have to stop, but may sell the debt to another collection agency. You would have to send a cease letter to the new collection agency.
- Steve DLv 77 years ago
Statute of limitations to report a debt is7 years beyond default...at worst, the debt will be on your credit for 6 more months (assuming you stopped paying in December 2006 and it defaulted the usual 6 months later in June 2007. Having said that, this would most likely be considered a contract debt and under NC state law, the SOL for a contract debt is 3 years.
However, they can still sue you, in which case you will have to take the time to go to court and argue that the SOL has passed and as such, they are precluded from using the courts to get a judgment. If they do sue, do NOT ignore any court papers - otherwise the collection agency gets a default judgment and you will have to go to court (and probably hire a lawyer) to get the judgment lifted - better to avoid it all together.
- ?Lv 77 years ago
You state you don't recall the debt but you are not disputing that it is your debt, Instead of asking about the SOL why don't you ask for more information to prove that it is or isn't your debt, if it is your debt make arrangements to pay it.
- wg0zLv 77 years ago
Check your credit reports at annualcreditreport. com
If this item does not appear on any of them, then these latest attempts to collect mean nothing.
you cant be sued for something tis old, and it it's not on your reports your credit is not affected.
- CarenLv 77 years ago
credit report? there are 3 of them,,, get all 3
experian.com, transunion.com, equifax.com free yearly
is there a reason you don't have them in your hands right now?