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How are defaulted cellphone accounts treated for SOL purposes?

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    How are defaulted cellphone accounts treated for SOL purposes?

    I used to have a cellphone through T-Mobile, which was under contract from April 2007 to April 2009 (2-year contract). Due to massive unexpected "over minutes" charges, I quit paying back in September of 2008, and was also assessed a huge "early termination fee" as well. The first missed payment was due at the end of September 2008, however the Date of First Delinquency shown on my credit reports is 10/2008.

    Now, the account has been sold to a junk debt buyer called Midland Funding, LLC, which is "blowing up" my parents' home phone with robo-dialed calls looking for me. My parents would never give out any information about me, but I am sure they are getting tired of having to get up and answer the phone to hear this garbage. I live in a different state, more than 2000 miles away, however since my phone number is unlisted, this is my last (working) phone number of record.

    I live in Arizona, and the statute of limitations here is 3 years for oral agreements, 6 years for written contracts, 6 years for promissory notes, and 3 years for open-ended contracts. I would like to know, for purposes of SOL how a cellphone account is treated.

    Also, I just now received the first written communication from these people, which claims to be a "settlement opportunity" offering to let me settle this alleged debt of $588 for 10% off (i.e. me paying 90% of the balance) so I am thinking about whether it is worthwhile to DV these people, or whether I am better off to just ignore it. I have no intention of paying a penny towards this "debt" however I don't want to be sued, and have my hand forced into bankruptcy just yet.

    Thank you for any advice on this matter.

    #2
    I believe cell phones are 2 years SOL.

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      #3
      I think it's 2 years per the Telecommunications Act. They can hassle you but they can't sue you. Perfect situation for a cease and desist letter.
      filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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        #4
        Does anyone have any information about a specific statute or court case that I could cite as part of my defense in case these people sue?

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          #5
          My experience (actually my wife's) with Midland Lowlifes is that they harass but never actually sue - she had two accounts that ended up with them, a ton of phone calls, barking, but nothing else.


          Send them a C&D letter and call it a day.

          My experiences only.

          Good luck to us all.
          No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you.

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            #6
            google it. here is one article: FCA vs FDCPA in Texas
            filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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              #7
              Catleg--so what you're saying is that the 2-year SOL that allegedly exists under federal law does not apply to cellphone charges. Therefore, is it correct to assume that this is treated as an open-ended contract (since the amount can vary each month), or is this considered a written contract, with the longer SOL?

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                #8
                I have no idea. You have to do your own research on these issues or pay an attorney. But the gut feel of several posters here is the debt is not legally collectible so a c&d letter is how I would respond in this situation.
                filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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