UT Statute of Limitations for Cell Phone Debt

It depends upon many factors.

The Statute of Limitations refers to how long after the last payment made a creditor can sue for a debt. It depends on the type of account, and may vary with state law. The creditor or CA might still sue, but not legally under FDCPA, and the debtor can raise the passing of the SOL as a defense to have the suit tossed out.

Did you cancel the contract?
Did the cell phone carrier cancel the contract?

I found this after a quick google search.

http://ficoforums.myfico.com/t5/General-Credit-Topics/FED...

good luck. if you have debt - you know you owe it - why not pay it?

It depends on the state. Also, if you make any types of payment the SOL may start over again. It absolutely can go on your credit report and probably already is. Just because the SOL runs out, doesn't mean it leaves your credit report either.

I'm not clear about your follow-up info...but there is no SOL on taxes. If that is what the cell company is tying to collect, pay it right now.

If the amount owed is for service, then read on...

Traditional cell phone accounts are written - the contract you sign specifies a time, etc. The SOL in Utah for a written account debt is 6 year.

SOL refers to the amount of time a creditor has to take legal action. It does not mean that a legitimate debt isn't owed after the 6 years is up.

If you do not think this debt is legit, then you need to take the proper steps. Other than asking for a mailing address, all communication should be via postal mail, using signature proof of delivery.

Send a debt-validation request:
http://consumerlawyer.mn/wp-content/uploads/debt-validati...

(Don't worry about the state this link is from, it applies nationally.)

If they are able to validate, then pay the bill because you do owe it. If not, then you can send a no-contact letter stating they are not to contact you again, except in the case of a lawsuit. Which may still happen, as they have 4 years, and then you'll need to go argue it there. If they can't validate, you'll win, but you'll still have to show up to court and waste time on it.

Keep all documentation you have in regards to this account forever. I mean literally forever. If it gets sold to another collector later on, you'll have to do the letters again.

Added: If it does pop up on your credit report, and it is valid, it will remain there for about 7.5 years. If it is not valid, then you can dispute it with the reporting agency.

If a company within your state continued to charge you, even though the account was supposed to be closed, and the company won't assist you, you should contact the Attorney General's office and file a complaint.

I would contact the cell company one last time and try to resolve the issue before you make the complaint. Debt doesn't just "go away." If it's a legit debt, and you just screwed up somehow, you need to pay it.

I believe that in most states, cell phones are considered a written contract. In Utah, that would be a 6 year statute of limitations. Keep in mind that they can ASK you to pay it forever, but they can only actually get the money from you if they both file a judgment AND the judge grants it. It sounds like there's some question as to whether you actually owe the money or not (did they continue to charge you even after you cancelled, and you were out of contract?). If you receive any legal paperwork regarding this, do not ignore it. Also, don't pay ANYTHING unless you have in writing that that will be the end of the debt (if you actually owe it, that is) - because any payment will re-set the statute of limitations, extending the amount of time they have to then file a judgment.