QUESTION
statute of limitation on cell phone bill
Asked on Mar 07th, 2016 on Civil Litigation - Oregon
More details to this question:
What is the statue of limitation on old cell phone bills. I had T-mobile back in 2001. I just received a phone call today from a locating service that gave me a case number and phone number to call. I called the number and it is to Highland Park Financial. They stated that I am being sued civilly for the unpaid T-mobile bill along with interest totaling $922.37. This bill is well over 10 years old. They gave me options to pay 2/3 of the amount due, or split it between 6 monthly payments. I told them I would have to talk to my wife before anything as she handles finances. Is this a scam/threatening me with no legal weight?
1 ANSWER
Statutes of limitation vary by state, but I know of no breach of contract limitations period which is longer than 6 years from the breach. Limitations periods can be extended in various ways, but none of them are apparent from your email. One way a limitations period can be extended is if you acknowledge the debt. Thus, if you acknowledge that you owe the money, that might start the limitations period over again from that point (in some states the acknowledgement has to be in writing, don't know if this is the case in Oregon.)
HOWEVER, the limitations period on a judgment is generally much longer than on a breach of contract claim. For example in NY the statute of limitations on a breach of contract is 6 years, but the statute of limitations to enforce a judgment is 20 years. If the plaintiff already sued you and obtained a judgment, it is likely still within the limitations period to enforce it.
Answered on Mar 08th, 2016 at 11:34 AM