Written Contract or Open Account? Confused and Need An Answer.

[ImStartingOverAgain]

Does anyone know how a cell phone bill is classified? I have been googling for days and have yet to find a clear answer. The statue of limitations in my state is 10 years for written contracts and 3 years for open accounts.

 

I have a 3.5 year old cell phone bill in collections (Midland) and I desperately need to know if the SOL has run out on this.

 

Thank you.

 

 

[Why Chat]

Neither-- a utility bill's legal SOL is under each State's Commercial Code.

 

Try this:

http://www.whychat.5u.com/nottoca.html

[ImStartingOverAgain]

Neither-- a utility bill's legal SOL is under each State's Commercial Code.

 

Try this:

http://www.whychat.5u.com/nottoca.html

Thank you. I will use this. I have been reviewing your links and you have some great resources. I am at the beginning of my journey to repair my credit. I checked Louisiana's SCC website and they referenced Louisiana RS 10:9-809

 

 

By googling Louisiana's civil code, I found this (but upon reading that section of the code, I found no clear answer:

 

Civil

Note: Most of the civil statutes of limitations are in Chapter 4 of Louisiana's Civil Code (starting with "article" 3492). Also, you can scroll through the laws there to find the statute of limitations for civil claims or "causes of action".

I am sure my answer is somewhere in the code, but it seems like I will need to do much more research to find it. I have looking for about a half an hour. I feel like I am close, just not sure exactly where it is.

Thank you for pointing me in the right direction.

[ImStartingOverAgain]

Neither-- a utility bill's legal SOL is under each State's Commercial Code.

 

Try this:

http://www.whychat.5u.com/nottoca.html

I couldn't find anything that specifically mentioned utilities or phone bills. I called to my state offices and spent 2 hours being transferred from one office to another. Eventually, I ended up talking to someone at the Attorney Generals office. They transferred me a few time and eventually I was told that the SOL is 3 years because it is considered an open account. But I still don't have any documentation for this.

 

I would really like a definite answer but I don't know where else to look.

[ICANHASMUNY?]

just send Midland a FOAD letter , stating that the AG's office advised you that the SOL was 3 years