What S.O.L. category sre phone bills sent to CA?

[joeman]

I have a BELLSOUTH acct sent to CBCS. Is it written, oral, promissary note or open?

[redbank]

I don't know, but I would like to know as well.

I have CBCS / bellsouth for $110 and I called bellsouth and they have absolutely no record of me.... waiting on the results of the first dispute.

[joeman]

Yeah. BellSouth basically told me that they wer done with the $161 I owed them, so I have to deal with CBCS.

I dare not call them, but I want to get it off the credit reort. Possibly work out a pay for delete, but I don't want to restart any aging. Taht why i want to know if a phone/utility is considered and open acct (3 yrs in AL) or a written/oral or promissary (6yrs SOL in AL).

Anybody had success with pay for delete with CBCS? Will they work with you?

[IHateCAs]

More than likely, an oral/not based on written instrument contract.

[IHateCAs]

Checking out Alabama annotateds now...

§ 6-2-16. Sufficiency of partial payment or written promise to remove bar.

No act, promise or acknowledgment is sufficient to remove the bar to an action created by the provisions of this chapter, nor is such evidence of a new and continuing contract, except a partial payment, made upon the contract by the party sought to be charged before the bar is complete or an unconditional promise in writing signed by the party to be charged thereby.

§ 6-2-17. Effect of foreign statutes upon actions on contracts.

When the statute of limitations of another state or foreign country has created a bar to an action upon a contract made or act done in such state or country while the party sought to be charged thereby was a resident of such state or country, the bar thus created is effectual in this state against any action commenced thereon in the same manner it would have been in the state or country where the act was done or contract made.

§ 6-2-34. Commencement of actions -- Six years.

The following must be commenced within six years:

(1) Actions for any trespass to person or liberty, such as false imprisonment or assault and battery;

(2) Actions for any trespass to real or personal property;

(3) Actions for the detention or conversion of personal property;

(4) Actions founded on promises in writing not under seal;

(5) Actions for the recovery of money upon a loan, upon a stated or liquidated account or for arrears of rent due upon a parol demise;

(6) Actions for the use and occupation of land;

(7) Motions and other actions against the sureties of any sheriff, coroner, constable, or any public officer and actions against the sureties of executors, administrators, or guardians for any nonfeasance, misfeasance, or malfeasance, whatsoever, of their principal, the time to be computed from the act done or omitted by their principal which fixes the liability of the surety;

(8) Motions and other actions against attorneys-at-law for failure to pay over money of their clients or for neglect or omission of duty; and

(9) Actions upon any simple contract or speciality not specifically enumerated in this section.

§ 6-2-37. Commencement of actions -- Three years.

The following must be commenced within three years:

(1) Actions to recover money due by open or unliquidated account, the time to be computed from the date of the last item of the account or from the time when, by contract or usage, the account is due; and

(2) Proceedings in any court of this state to disbar any attorney authorized to practice law in this state.

[IHateCAs]

This looks promising:

An action to recover reasonable value of service rendered under a contract is barred in three years under subdivision (1) of this section, subdivision (5) of § 6-2-34 being inapplicable. Chambers v. Seay, 87 Ala. 558, 6 So. 341 (1889). See also Gayle v. Johnston, 72 Ala. 254 (1882); Hood v. League, 102 Ala. 228, 14 So. 572 (1894).

A contract which is definite in all its terms and which leaves nothing for future adjustment is not a mere open account within the three-year limitation, whether in writing or not, in view of subdivisions (4) and (9) of § 6-2- 34. Union Naval Stores Co. v. Patterson, 179 Ala. 525, 60 So. 807 (Ala.1912)

Damages for the reasonable value of services rendered under an implied contract, the terms of which were not fixed by the parties, is merely an open account. Suit thereon is subject to be barred after three years under the provisions of this section. White v. Sikes, Kelly, Edwards and Bryant, P. C., 410 So.2d 66 (Ala.Civ.App.1982).

An open account within the meaning of this section is one in which some term of the contract is left open and undetermined by the parties. Nance v. Countess, 16 Ala.App. 434, 78 So. 464 (Ala.App.1918). See also Hays Cooperage Co. v. Louisville & N.R.R., 18 Ala.App. 18, 88 So. 357 (1920).

[IHateCAs]

I like this one:

The question of whether an account is open and subject to the bar of subdivision (1) of this section, or is liquidated and subject to the bar of subdivision (5) of § 6-2-34, is often a very nice one. In Caruthers v. Mardis, 3 Ala. 599 (1842), it was held that an account is not necessarily open because it is not stated and reduced to writing. If its terms are fixed and certain and no terms of the contract open for adjustment, it is not an open account. It is, however, obvious that if all the terms of the contract are not stipulated, the account must be considered as open, and this must be the case whether the account consists of one or more items. Sheppard v. Wilkins, 1 Ala. 62 (Ala.1840). See also Northern A. Ry. v. Wilson Mercantile Co., 9 Ala.App. 269, 63 So. 34 (1913)

[joeman]

I like this one:

The question of whether an account is open and subject to the bar of subdivision (1) of this section, or is liquidated and subject to the bar of subdivision (5) of § 6-2-34, is often a very nice one. In Caruthers v. Mardis, 3 Ala. 599 (1842), it was held that an account is not necessarily open because it is not stated and reduced to writing. If its terms are fixed and certain and no terms of the contract open for adjustment, it is not an open account. It is, however, obvious that if all the terms of the contract are not stipulated, the account must be considered as open, and this must be the case whether the account consists of one or more items. Sheppard v. Wilkins, 1 Ala. 62 (Ala.1840). See also Northern A. Ry. v. Wilson Mercantile Co., 9 Ala.App. 269, 63 So. 34 (1913)

That would appear to apply to a telephone account. Thanks for all that info -- WOW.

[IHateCAs]

Anyway, they'll be able to nail you on an account stated claim. 6 year SOLC.

[joeman]

I May try a (Pay in full for Delete) Letter as Follows:

CBCS / CBCS National / CBC Companies, Inc. / CBC INNOVIS INC. (Alabama Registration)

P.O. Box 69

Columbus, OH 43216-0069

RE: BELLSOUTH ALABAMA, Acct. xxxxx

Dear Sir or Madam:

This letter is an offer to amicably settle the above account. It is not to be construed as an acknowledgment of my liability for this debt in any form. I still have no evidence this belongs to me but I will settle it per the terms in an attempt to bring swift closure to this matter and clear negative items from my credit report.

I will pay your company the amount of $161 as full settlement of this account.

If you accept this agreement, I will send you within 15 days a money order or certified cashiers check for the settlement amount of $161 in exchange for a full deletion (within 15 days of receipt of my payment) of all references regarding this account from my credit profile and full satisfaction of the debt. Also, you agree to never re-insert this entry. This agreement is binding and will be void should you not hold up to your end of the agreement. Furthermore the debt will be deleted from my credit profile at all three credit bureaus, or the bureaus your company regularly reports to in the course of doing business.

If you agree to the above, please acknowledge with the signature of an authorized company official authorized to enter into such an agreement and return a copy to me. Upon receipt of this signed acknowledgment, I will promptly send you a money order or cashiers check in the amount stated above.

Notice: This agreement is restricted. This is not a promise to pay or a renewed promise to pay, but rather a restricted settlement offer only. By not signing below, you agree that the debt has not been renewed nor have any concrete written agreements been exchanged.

Thank You. I look forward to resolving this matter in the best interest for both of our parties.

xxx signed debtor's name xxx

Collection Agency or Creditor’s Authorized Signature: _______________________

Date:_______________________

Name: ______________________

[IHateCAs]

Do not attempt PFDs unless you either a) know that particular company will accept PFDs or after you've at least DVed.