Legal Question in Credit and Debt Law in Indiana

Collection of a debt

I have recently received a letter form a local phone company regarding an old debt. It's been a very long time since i have heard anything from them until now. They say i owe them $353.69 but are willing to settle for $247.58. The letter is dated jan. 16,2007. I called the number on the letter and asked for the date of last service for the phone number they showed. They said it was aug. 17, 1999. Do they still have a legal right under the ''sol'' for the state of indiana? Can i send them an ''expired sol notification letter''?


Asked on 2/15/07, 12:57 pm

1 Answer from Attorneys
Samuel Hasler Samuel Hasler

Re: Collection of a debt

You can send them your "expired sol letter" but it will do you little good. The statute of limitations is what we call an affirmative defense. If you get sued on the bill, you have to raise the defense yourself or lose it. It is not an automatic protection from suit.

I do think you have a valid defense - as I wrote above - because there is a 6 year statute of limitations on an account.

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Answered on 2/16/07, 1:37 pm


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