SOL for Cable box??

[jaided]

Hi, I have heard that the SOL for cable bills in Virginia is 4 years (Sale of goods under the UCC), but does this also apply to cable boxes? If I have an unreturned cable box, does this change the SOL to 5 years (written contracts, non-UCC)?

Here is the Virginia Statutes of Limitation:

Open account: 3 years from the last payment or last charge for goods or services rendered on the account.

Written contracts (non-UCC): 5 years.

Sale of goods under the UCC: 4 years.

Virginia Judgments: 10 years, and renewable (extended) to 20 years.

Foreign judgments: 10 years.

[Guest usctrojanalum]

Why don't you just return the cable box?

[jaided]

Haha. Good question.

First of all, I'm worried they won't take the box since it's been almost 4 years (although I recently heard some encouraging news about that).

Second of all, I'm worried this will "alert" the CA since the account will show some activity and I don't want to get them to come after me aggressively when I'm only a few months from being outside of the SOL (IF the SOL is 4 years and not 5 years).

Hopefully, that's all I have to worry about, nothing else that I haven't even thought of yet...

I really want to return it very badly. I didn't incur the debt (this was due to their billing mistake), BUT the debt owed to them by my unreturned cable box IS valid, so I'd love to be able to return it if I could.

[jaided]

Also, won't this reset the statute of limitations if it's considered a payment?

I don't want to pursue DV on this account unless it's outside of SOL. Does anyone know if this bill AND box would fall under "written contract" or "sale of goods"? I'm in Virginia.

If no one knows the answer, but could point me in the right direction of where to look, I'd appreciate it. I've read and googled until I'm blue in the face.

Thanks.

[MadMonkey]

Read your cable contract. Does it have a clause in there that if you don't return the box they can charge you retail for it? If you have that clause it converts your monthly rental of the box to a purchase of the box.

You need to know more about your states laws. Try looking up court cases that refelect your issue. Remember chances are someone else in your State has already been down this road.

Just call them up and ask them what the policy is to return the box and have the debt removed. Can't hurt. They can't start the clock over again, you have not signed anything.