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The last payment on a Verizon bill was in Nov. 2004. I got a collection letter for Midland management to pay the bill. I sent them a DV., but now they want payment in full. All they sent me was a copy of a bill in March of 2005.

Question where do I go from here and is it past the statue of limitation in Arkansas?

Thanks in Advance

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The last payment on a Verizon bill was in Nov. 2004. I got a collection letter for Midland management to pay the bill. I sent them a DV., but now they want payment in full. All they sent me was a copy of a bill in March of 2005.

Question where do I go from here and is it past the statue of limitation in Arkansas?

Thanks in Advance

Verizon cellular? SOL is 2 years.

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SOL on any phone bill is 2 years by Federal Law

47 U.S.C. Section 415

§ 415. Limitations of actions

(a) Recovery of charges by carrier

All actions at law by carriers for recovery of their lawful charges, or any part thereof, shall be begun within two years from the time the cause of action accrues, and not after.

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  • 2 weeks later...
Your reply should be a simple FOAD letter. Let them set themselves up fro violations, Midland are very good at that.

Here is a letter I found. Do I need to change anything?

This letter is in response to May 05, 2009, concerning the collection of the above referenced Acct# xxxxxxxxxx.

I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in Arkansas has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.

This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.

Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.

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I agree. Keep it simple and to the point.

Debt Collector’s Name

Address

City, State Zip

Re: Account Number

Dear Debt Collector:

Pursuant to my rights under federal debt collection laws, I am requesting that you cease and desist all communication with me, as well as my family and friends, in relation to this and all other alleged debts you claim I owe.

You are hereby notified that if you do not comply with this request, I will file suit.

Your best friend

Me

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I agree. Keep it simple and to the point.

Debt Collector’s Name

Address

City, State Zip

Re: Account Number

Dear Debt Collector:

Pursuant to my rights under federal debt collection laws, I am requesting that you cease and desist all communication with me, as well as my family and friends, in relation to this and all other alleged debts you claim I owe.

You are hereby notified that if you do not comply with this request, I will file suit.

Your best friend

Me

you should quote the federal SOL and advise them that this action is time barred.

Junk Debt Buyer

Address

City, State Zip

NOT STUPID CONSUMER

address

City, State Zip

MM/DD/YYYY

Certified Return Receipt Mail No.: _____________

Re: Your Inquiry dated ____: your file # _____

Mr. Scumbag :

I received a letter from your office on (DATE) over an alleged debt from ________ with __________. I have no knowlege about a past due amount owed to ____________________

Under the 47 USC Section 415, Limitations of actions the Recovery of charges by carrier; All actions at law by carriers for recovery of their lawful charges, or any part thereof, shall be begun within two years from the time the cause of action accrues, and not after.

This notification is formal notice to you that any filing of such action by you, or your representatives or assigns, is therefore time-barred.

What you are attempting to do is clear, and continued collection activities, including reporting, verification or insertion of accounts, beyond their legal collection date, to any consumer credit reporting agency, may be considered extortion and/or fraud and subject to criminal as well as civil prosecution.

Please note that proof of your receipt of this notice may be used by me or my legal representative in further action.

Since this alleged debt is clearly past the legal time frame for continued collection activity, you will cease any further contact with me.

You are not to sell, transfer, assign, or share any information about me or this alleged debt with anyone else.

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Why let them miss out on the opportunity to be sued?

There is no requirement on the part of the unsophisticated consumer to advise them of their illegal behaviour. Indeed if you aim to set them up for suit it is best to avoid pointing out the error of their ways. A simple cease and desist is all that is required.

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The FDCPA fine is only 1K per collection action ;

no matter how many sections they violate under the FDCPA, it's only 1K.

So telling them it is time barred sets them up if they continue to report an invalid claim on you CR.

Then you go after them for FCRA violations which pays out per indivdual violation,

Then you can get up to 6 or 7 K, or more if your CR is otherwise clean.

If you can prove that their credit reporting damaged your reputation, job prospects, cause emotion distress, cause you to pay a higher interest rate on a loan,

you can get damages in addition to the FDCPA & FCRA fines.

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The FDCPA fine is only 1K per collection action ;

no matter how many sections they violate under the FDCPA, it's only 1K.

So telling them it is time barred sets them up if they continue to report an invalid claim on you CR.

Then you go after them for FCRA violations which pays out per indivdual violation,

Then you can get up to 6 or 7 K, or more if your CR is otherwise clean.

If you can prove that their credit reporting damaged your reputation, job prospects, cause emotion distress, cause you to pay a higher interest rate on a loan,

you can get damages in addition to the FDCPA & FCRA fines.

Firstly it is not a "fine" it is damages and is limited to either $1,000 OR actual damages per action ( I am ignoring punitive damages). The operative words are "per action". It is quite possible to file suit more than once for separate breaches in the right circumstances.

SOL only means they attempt tosue for recovery of an alleged debt there is an affirmative defence available. It does not mean they must stop attempting to collect. They can ask you nicely until the cows come home if you do not C & D them.

Likewise they can report on a SOL debt within the normal time period of 7 years as long as the information is accurate etc. SOL does not mean the removal of the debt from your credit report.

Telling them it is SOL adds nothing.

Overly wordy letters littered with legislative quotes and demands are often an indicator to the CA that it is a form letter copied from the inter-net and they are therefore not taken very seriously.

Over complication of a very simple issue can also backfire if the debtor gets it wrong and then find they have to rapidly backpedal at a later stage. The old formula KISS (Keep it simple stupid) is usually good practice.

But as ever each to his/her own :dunno:

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Firstly it is not a "fine" it is damages and is limited to either $1,000 OR actual damages per action ( I am ignoring punitive damages). The operative words are "per action". It is quite possible to file suit more than once for separate breaches in the right circumstances.

SOL only means they attempt tosue for recovery of an alleged debt there is an affirmative defence available. It does not mean they must stop attempting to collect. They can ask you nicely until the cows come home if you do not C & D them.

Likewise they can report on a SOL debt within the normal time period of 7 years as long as the information is accurate etc. SOL does not mean the removal of the debt from your credit report.

Telling them it is SOL adds nothing.

Overly wordy letters littered with legislative quotes and demands are often an indicator to the CA that it is a form letter copied from the inter-net and they are therefore not taken very seriously.

Over complication of a very simple issue can also backfire if the debtor gets it wrong and then find they have to rapidly backpedal at a later stage. The old formula KISS (Keep it simple stupid) is usually good practice.

But as ever each to his/her own :dunno:

While I may be new to this forum, I assure you that not a newbie when it comes to the FDCPA.

And this forum always seems to be filled with members arguing that they know more about something than another member.

Fines, Shmines, damages, call it what you will. 1K is only 1K.

you can get more $$ per a different method.

It is a violation under the FDCPA to take or to threaten legal action on a time barred debt, if they know it is past the SOL.

If you state that to them in a letter, they cannot then claim that it was a an excusable clerical error when you get to court.

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  • 3 weeks later...
  • 4 weeks later...
  • 6 months later...

Original post by montanatim:

Verizon also lost a class action suit about charging "disconnect fees" If any part of your bill includes these fees, I'd look into it further.

I think the case was in Calif. and may only be valid there.

The lawsuit was settled out of court:

http://www.consumeraffairs.com/news04/2008/07/termination_suit.html

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