Legal Question in Credit and Debt Law in Massachusetts
billing statute of limitations
I had brought my son to a private learning center to help with his acedemics back in the summer of 2000. I just received a bill from them stating that I owe them for a month's service from 2000. Can they do that? And do I have to pay it? I don't remember if he went for that month or not and thus far haven't been able to find anything to prove or disprove he was there at that time. Help!
1 Answer from Attorneys
Re: billing statute of limitations
There is no statute of limitations for billing as such. Any legal action must be brought within 5 years of the transaction or failure to pay. The statute is tolled (does not keep running) if you are out of state or the country.
You can ask them for documentation, of course, in writing preferably. If they are up against the S/L they may sue you before they provide the info. You can then file an answer and affirmative defenses and ask for the documentation in discovery.
If they have added on interest and late fees, you can add laches as a defense, at least as to the added charges and attorney's fees, if they did not send you a bill for almost 5 years and you did not change address without notifying them.
If you can, you may make a lump sum offer for some amount less than they are asking for.
Since you do not say how much they are asking for, or any other information about the debt, I can't say much more than that.
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