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Collections Law/statute of limitations?

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Expert: Creditwrench - 1/19/2010


Question
I was recently contacted by a collection agency about an old debt that I thought was written off in a bankruptcy years ago. They are saying I owe over $700 (most of it in late fees/collections charges) on a cell phone account that was closed in Jan 2005. In Colorado, the statute of limitations on an "open account" or "written contract for goods and services" is three years, but it is six years for a "written contract". I'm wondering what a cell phone bill is considered and if I have a legal platform to ask this caller to leave me alone?  Also, if I were to pay them some monthly payment until the statute of limitations is up in Jan of next year, could I stop payment at that point or does the contract start over if I make a payment?
Lastly, if I can claim it's been too long, how do I deal with this company?  I have a new baby and I don't want to make our lives hell with the constant phone calls and threats.  
Thank you for your time.


Answer

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First of all there is a federal two year statute of limitations on cell phone bills so don't even think about paying them anything. Just tell them you refuse to pay and to go away and leave you alone or sue you if they think they can get anywhere doing that. If they did get stupid enough to sue you then you could get it dismissed easily and then sue them in return.  

Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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