Legal Question in Credit and Debt Law in Missouri

How long do a creditor have to attempt to collect a old debt for the first time?

i recieved today from an collection notice. About an cell phone bill from feb 1999. This is the first i have heard of. they state the original creditor is cingular/or SBC and i told them i dont recall having that provider of service and if i did i would have paid them back then. I also stated that i have NEVER recieved anything about this before. and they said it was just sold to them 2 weeks ago. Can they really come after me for a bill that i dont agree too over 8 years ago. I resded in Missouri at that time.


Asked on 4/22/08, 7:05 pm

2 Answers from Attorneys
Samuel Hasler Samuel Hasler

Re: How long do a creditor have to attempt to collect a old debt for the first time?

You need to contact a Missouri lawyer.

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Answered on 4/23/08, 6:55 am
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: How long do a creditor have to attempt to collect a old debt for the first time?

The statute of limitations on this issue is 5 years in Missouri. They cannot sue you. If they attempt to do so they are violating the Fair Debt Collection Practices Act. Their attempt to collect outside the statute of limitations is itself a violation of the statute. Notify them you dispute the debt and that it is barred by the statute of limitations. Tell them any further communications from them will result in a complaint being filed with the FTC. For more information on the FDCPA see www.ftc.gov.

Regards

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Answered on 4/23/08, 9:34 am


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