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AFNI - Old Telephone Bill

Date: Fri, 03/20/2009 - 08:00

Submitted by anonymous
on Fri, 03/20/2009 - 08:00

Posts: 202330 Credits: [Donate]

Total Replies: 7


I've got a quick question that I hope someone here can help with before I send off the Debt Validation letter. I just received a debt collection letter from AFNI for a Verizon Landline (Long Distance) that I used to have in New York. I left New York in 2004 and moved to Illinois where I currently reside. Which state would I use for the Statute of Limitation for this? What type of account is a telephone bill considered and would my SOL be up? I know this telephone number was disconnected when I moved in May 2004 but I know that this collection notice is for the Long Distance portion of the bill and they cut off Long Distance on that line in 2001/2002 but still let me keep local calling, which I paid for each month, up until I moved.

Any help would be appreciated. Thanks!


The SOL applies to the state where the debt happened. So in this case you they would be bond by the state of New York's SOL. That does not mean that they can not try to collect, it just mean that when the sol has run out then they can take no action against you. You also need to check to see if New York has a "tolling" statement with their SOL.


lrhall41

Submitted by Count_Vlad on Fri, 03/20/2009 - 08:04

( Posts: 356 | Credits: )


Send off the letter. I have been dealing with them also for a Verizon bill. The only thing they will send you is the last page of your phone bill. That is ALL they will send you. I asked twice for info and they sent me the same page the second time. I disputed it with the CRA's and it came back as valid but it does say that the account is in dispute. But after they got the first letter, they sent me a letter asking for all of MY paperwork for this account, a copy of my passport or drivers license and a working phone number. :shock: THEY need to send ME the documents and I only have a cell phone and I will NOT give that out, plus I told them the only way to contact me was through USPS. So Goldenbast helped me with my second letter to them and when they sent me the same page again I sent copies of all of their letters and the letters I sent them to my states DFI and they are handling it for me. I refuse to work with a company that cannot give me the info I ask for. Plus they have yet to reply to the DFI and they gave them 15 days to respond. Oh and the SOL for mine is coming up next month. Go figure that this company tries to collect on bills that are past or getting close to the SOL.

Don't let these people bully you into paying them.


lrhall41

Submitted by puddlejmpr on Fri, 03/20/2009 - 08:37

( Posts: 1634 | Credits: )


Yeah, I'm not looking forward to going through this process with them, just trying to be as prepared beforehand as I can. I'm still uncertain on the SOL though, I understand that it will be New York, but what type of account is a telephone bill? I've been looking for that information via google all morning and can't seem to find the answer. Also, I've seen widely different SOLs listed for New York on telephone accounts, anywhere from 2 years to 4 years to 6 years.


lrhall41

Submitted by on Fri, 03/20/2009 - 08:47

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I have to disagree with Vlad. You are sued in the state in which you reside. Here is a quote from a consumer attorney.

"I'm often asked how to determine which State's statute of limitations to use in any given situation. Section 811 of the Fair Debt Collection Practice Act; "Legal actions by debt collectors" answers this question.

Generally:

In order to obtain court judgements on most debts, collectors must sue in the judicial district where the consumer resides. However, there are exceptions:

Child support orders are recognized and enforced in every state. If you have child support judgment from NY and move to Florida, the NY statutes of limitation apply.

Signed contracts (not revolving credit accounts); collectors can seek a judgement in the state where the contract was signed. Once they have a judgment collectors or creditors can use either the state where it was granted or have the judgment domesticated to the state where you reside, depending on which state offers the longest SoL.

Example: You live in New Jersey and a debt collector is attempting to collect on a past due credit card bill. The collector must obey the NJ statute of limitations for open ended credit contracts which is 4 years. On the other hand, if you live in NJ but signed a contract to have body work done on a vehicle in Pennsylvania, then a collector can sue for a judgment in PA (good for 20 years).

Under written credit contracts such as car loans, mortgages, and so forth, creditors retain the right to decide which state to sue in, "


lrhall41

Submitted by Frogpatch on Fri, 03/20/2009 - 08:54

( Posts: 5381 | Credits: )