Need help w/statute of limitation laws

I just got in the mail here in NC a bill from Bell Atlantic in NY from a collection agency. Now it's in my maiden name and from 1998? I called them and they would only tell me the address it was in and I didn't have my own phone line at that time. They gave me the phone number and it sounds familiar but I don't know from where. I did have my own phone line in my first apartment for 6 months but the address and exchange doesn't match up. I don't remember the number unfortunately. I'm worried about this going on my credit report. I refuse to pay for something that I don't remember having and might be fraud and I can't afford to pay anyway right now, but I don't want it to ruin my report.

Does anyone know how I can find out where exactly this number originated out of?

What are the laws for an agency collecting a utility bill debt so far back?

Please can anyone help me??? Thanks so much! I'm really worried about this.

TIA!

Message edited 12/18/2007 12:14:33 AM.

Re: Need help w/statute of limitation laws

I thought after 7 yrs they have to remove it from your credit report?

Re: Need help w/statute of limitation laws

Maybe it has something to do with this... check this out.

www.ripoffreport.com

Re: Need help w/statute of limitation laws

Posted by jellybean1420

I thought after 7 yrs they have to remove it from your credit report?

Re: Need help w/statute of limitation laws

FIRST..check all three credit reports! See if it is listed on there...if it is a collection from 1998 it will definitely be on there.

SECOND...you need to send off a letter to them...go on creditboards.com...they have sample letters there to use. Basically it is a cease and desist letter, asking them to provide validity! They need to tell you 1)what exactly they are collecting on 2) how they came to the amount they are claiming 3)something with YOUR signature on it..

If they don't have these things, they cannot collect.

LAST...this account is from 1998. Say this is somehow your account....it would legally have to be removed from your credit report 7 years after DOLA (date of last activity). They are WAY past being allowed to collect money.

Unfortunately many companies do things like this..they prey on people who don't know their credit laws and these people hand them money out of fear.

At this point, even if it is your account the worst thing you could do is to pay it...it is 100% out of the statute of limitations...you can look up the statute of limitations for your state as well...sometimes its 4 years or so, making the last date they could legally try to collect back in 2002!

Good luck. I've been through this once, and was very successful at having the item deleted from my records.


**Guaranteed when you send that letter, they will not have anything to reply back to. MAKE SURE to get a delivery confirmation and have signed for when you mail it out! And make a copy for your records

Message edited 12/18/2007 7:05:07 AM.

Re: Need help w/statute of limitation laws

Posted by rojerono

Posted by jellybean1420

I thought after 7 yrs they have to remove it from your credit report?

I am fairly certain that they have to remove the debt after 7 years but ONLY IF you have paid it or settled it. You can't not pay and wait it out.

I don't know how badly they can damage your credit - but I do know you can (and should) appeal the debt. Write a letter denying that the debt belongs to you. Other than that I have nothing to offer except my hopes that it works out!

Re: Need help w/statute of limitation laws

Posted by jellybean1420

I thought after 7 yrs they have to remove it from your credit report?

Message edited 12/18/2007 9:07:02 AM.

Re: Need help w/statute of limitation laws

DH just got the same letter!! He doesn't remember it being his. It's not on any of his credit reports either.
We are going to write a letter to the collection agency disputing the charges.
I wonder if this is a big scam?

Re: Need help w/statute of limitation laws

Re: Need help w/statute of limitation laws

Posted by rojerono

Posted by jellybean1420

I thought after 7 yrs they have to remove it from your credit report?

I am fairly certain that they have to remove the debt after 7 years but ONLY IF you have paid it or settled it. You can't not pay and wait it out.

I don't know how badly they can damage your credit - but I do know you can (and should) appeal the debt. Write a letter denying that the debt belongs to you. Other than that I have nothing to offer except my hopes that it works out!

Re: Need help w/statute of limitation laws

Posted by melijane

Posted by rojerono

Posted by jellybean1420

I thought after 7 yrs they have to remove it from your credit report?

I am fairly certain that they have to remove the debt after 7 years but ONLY IF you have paid it or settled it. You can't not pay and wait it out.

I don't know how badly they can damage your credit - but I do know you can (and should) appeal the debt. Write a letter denying that the debt belongs to you. Other than that I have nothing to offer except my hopes that it works out!

That's not true. 7 years whether you paid it or not. The stautute of limitations is counted from last activity. If you go to Creditboards.com and look through the letters you will find a staute of limitations letter

Message edited 12/18/2007 8:24:24 PM.

Re: Need help w/statute of limitation laws

Re: Need help w/statute of limitation laws

Posted by rojerono

Posted by melijane

Posted by rojerono

Posted by jellybean1420

I thought after 7 yrs they have to remove it from your credit report?

I am fairly certain that they have to remove the debt after 7 years but ONLY IF you have paid it or settled it. You can't not pay and wait it out.

I don't know how badly they can damage your credit - but I do know you can (and should) appeal the debt. Write a letter denying that the debt belongs to you. Other than that I have nothing to offer except my hopes that it works out!

That's not true. 7 years whether you paid it or not. The stautute of limitations is counted from last activity. If you go to Creditboards.com and look through the letters you will find a staute of limitations letter

Are you sure about this? I had a Sears debt from 1991 show up when I bought my house in 2006. It seems odd that a creditor would be forced to forgive and forget after 7 years - I mean if that's the case people could basically run up debt to the high hilt and walk away knowing that 7 years later they get a do-over.

But since I don't know for sure I will take your word for it and curse my attorney who made me pay that friggin' Sears card last year!!!!

Message edited 12/18/2007 9:21:21 PM.

Re: Need help w/statute of limitation laws