Is there a statue of limitations on collection activities?
Several years ago my son went on a wirless phone service and added his wife to a family plan. Because the ompany didn't live up to what their representatives states they tried to get out of the contract. After several times back and forth they thought they had it settled. Never heard from the company again, we both faintly remember seeing a notice of it being written off. Now 4-5 years later when that company has sold out to another I am being contacted, since the account was in my name, and being told that if I don't pay them the money owed I will be taken to court. The gal that contacted me was very rude, didn't tell me who she was with but led me to believe that she was with a law firm and demanded I send the money or else! I wasn't about to send anybody that kind of money even if I did have it. She also threatened contacting my mortgage companies. I told her I wanted to see proof. I was faxed a sheet from the collection agency showing a total amount, not where the charges came from or when. I guess what I need to know is if there is a statue of limitations, can a company still collect when they've sold out to another and do I have a chnce of fighting this?
1 Answer from Attorneys
Re: Is there a statue of limitations on collection activities?
The short answer to your inquiry is there is definitely a statute of limitations which would apply.
From the facts submitted, it is not possible to detemine, with certainty, which state's law would apply. It is likely that the written contract would designate the state's law that would apply. If all parties [including the wireless company] were residents of Colorado, it is likely that Colorado law would apply. However, the CO statutue of limitations which would apply to your situation is likely a 6 year period.
You may very well owe the amount alleged.
However, based on the facts submitted, it would appear that the representative of the collection agency has violated several provisions of the Federal Fair Debt Collection Practices act and its Colorado counterpart. You have a right to recover damages based on these apparent violations. In addition, although the Colorado Collection Agency Board does not have the power to resolve such disputes, you can file a grievance with the Board against the agency based on the alleged violations of the law.
You would be well advised to contact an attorney who is conversant in this area of the law to discuss the specifics of your case.