need help on phone bill SOL in Louisiana
Date: Mon, 08/03/2009 - 16:16
Well, in most states the SOL for UCC debts runs for 4 years. The
Well, in most states the SOL for UCC debts runs for 4 years. The state of Louisiana particularly hasn't have a SOL stated for UCC debts but you better check with the state's Attorney General's website for more information.
thats the thing, I looked on the AG website and there is not one
thats the thing, I looked on the AG website and there is not one document anywhere on there that contains SOL information. I did find a LA civil code that states that open ended accounts and any compensation for a service that was provided all carry a 3 year SOL....but I am trying to make sure I have all my ducks in a row on this one. Any thoughts?
That's because the UCC doesn't deal with civil SOLs, the state c
That's because the UCC doesn't deal with civil SOLs, the state code does. The SOL in the UCC mainly deals with breach of contract (between the merchant and the buyer) charges, should you or the phone company decide to go that route.
"http://law.findlaw.com/state-laws/civil-statute-of-limitations/louisiana/"
Yes, the SOL for collections would be 3 years in LA.
well, the debt supposedly originated in a different state, at an
well, the debt supposedly originated in a different state, at an address that I never lived at, and at a time when I lived in Louisiana exclusively....so, I just hear about this supposed debt in June of this year. I immediately disputed it. The debt collector acknowledged my dispute, and even sent me a letter asking me to send them information to "help the dispute investigators".....thats funny. Since when did it become my responsibility to provide THEM with validation information?? Well, I had no info to give them, and since I already had told them everything I had(which was nothing but "I dispute this debt, provide me with validation, I never even resided at that address, I didnt even live in that state at that time), I didnt bother sending back their ridiculous "please give us information" letter.
Fast forward to a couple days ago, I got a letter that says this:
------"In our previous letter to you, we requested that you send us additional information pertaining to the account referenced above so that we could complete our dispute investigation. To date, we have not received this information and cannot complete the investigation.
Since we have not received this information from you, we are terminating the dispute investigation for this account and we are no longer treating this account as a disputed account.
This account is being returned to the collection floor and our representatives will be instructed to pursue the outstanding balance due on this account."------
Imagine this--they put that IN WRITING......"we cant get you to give us validation information on the debt, so we are no longer going to call this a disputed debt"!!!! They ACTUALLY sent me a letter with that on it......can ya believe that?!?
I called them up about this letter and informed them that the FDCPA doesnt work that way. So NOW, they have changed their story--they NOW claim that they bought this debt way back in 2003, and that they sent me "initial communication" way back then, so they now claim that the FDCPA's validation requirement doesnt apply. Funny thing--they claim to have sent that "initial communication" to the same address that this phone bill was for--an address that I never lived at, never used as my mailing address, never used for anything. And of course, true to their word, they did put this account back on the floor, because they called my house today. Then again, their entry on my credit report does not mention anything about them having it since 2003 either.
I love the reaction I got earlier when I informed the moron on the phone that I disputed it within the 30 day limit.....he tried to claim that the 30 day limit was not for me, but for THEM. he said that once they get a dispute, the FDCPA doesnt allow them to collect for that 30 days, and THEN they can take collection effort again! And, since I disputed this in the middle of June, they were well past that 30 days when they sent me this letter on 7/30.....so because of that, he claimed that no law was broken.
Yeah some of these people have the nerve, don't they? The burden
Yeah some of these people have the nerve, don't they? The burden of proof is on *them*. How are you supposed to prove that the debt isn't yours? *They* have to prove it *is*, period!
Send them a Cease & Desist letter, Certified Mail, Return Receipt Requested. File a complaint with the FTC, the FCC, your state Attorney General, the BBB, the Bureau of Consumer Affairs, etc.