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phone bill: open-ended account?


Rose
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I wanted to find out if the statute of limitations expired on an old phone bill that came back to haunt me. I clicked on the link for statute of limitations, but I wasn't sure what type of bill it was to begin researching it. Is it an open-ended account, like a credit card?

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I don't think there's still a definate answer on this (if there was, I don't recall it).... does it fall under an "open account" because you pay monthly as they continue to extend their product to you, or is it "goods and services" under the Uniform Commercial Code (which has a 2-year SOL across the board if I'm not mistaken).

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The correct answer generally is: it depends on your state's rules.

If it is clear cut in the statutes, great. If not, you are going to have to look for court holdings. Even then, things can get complicated. Your best bet is to find out the SOLC on whatever is latest that might apply. In Maryland, that is 4 years (open/written contracts are 3 years).

It looks to me that if Maryland includes goods/services under open accounts its 3 years. If not, it's 4 years. Like I said, you'll have to check the statutes and see if things like utilities fall specifically under open accounts. If not, it's possible you have a 4 year SOLC.

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