Legal Question in Credit and Debt Law in Washington
10 Year old debt collection
I recently received a debt collection letter from AFNI for $292.21 for a 10 year old phone bill in Washington State. Original creditor was VERIZON. I separated from then wife 10/1996 and moved out. This bill is dated 10/1997. By court order, my ex-wife was responsible for for any debt she incurred. Both our names where on this account. I don't think I should be held responsible for this debt. How should I proceed?
1 Answer from Attorneys
Re: 10 Year old debt collection
Here I am giving legal advice over the internet, which is problematic, but:
The Statute of Limitations in WA for debts that are contractual in nature is six (6) years. If you have had NO communications with Verizon or any subesquent party in interest - in other words, you have made NO PAYMENTS AT ALL since August of 2001, then you could write them and demand that they verify the debt.
Send your letter certified so you can track it and use the return postcard option. This will cost about five dollars. That way you can prove that they received your letter demanding verification of the debt.
Keep your letter really polite. There is an off chance a judge is going to see it. Write for that potential audience, don't be rude or short with the addressee credit collection company.
If you are correct, you won't hear back from them. They are prohibited from taking collection action on a debt that is time - barred.
References for you: Go read Budhibbs.com and pennlawyer.com. This is an immense scam where these debt collectors purchase bad debts for fractions of pennies on the dollar, and then try to extort it out of you.
Don't buy into their game. The Federal Fair Debt Collection Practices Act and Washington Consumer Protection Statutes allow damages and trebles and attorney fees and costs for wrongful collection action.
Hope this helps. Elizabeth Powell