I haven't even LIVED at the residence they are claiming the bill is from for over 8 years. I've contacted the phone company in question and they don't know who signed up for the phone, but they used my name and SSN. The account was closed out in December of 2001 with the unpaid balance. My landlord owned a shop below my apartment, and it was that address that the phone came back to. Anyway, Mitchell N. Kay sent a letter to my grandparent's house saying I owe them $ 185.56, but they were "willing" to let me pay $ 75. First off, I think the bill is past the statutes of limitation in Indiana. Second, I never had a phone at that address.
Nothing is on my credit report saying I had a debt with a phone company, and my credit score is very good. I'm worried about the law offices ruining my credit now if I don't pay them, but I don't want to pay something that A) wasn't mine and B) is past the statutes of limitation. What can I do?
But the debt isn't mine, and no one, not even the Mitchell N. Kay Law Offices, can tell me how the phone was started and what billing information was given. This isn't on my credit record (my husband and I pulled ours not even 5 months ago) and I don't have any other problems. My credit is very good, so I don't understand where this came from.
Here's the problem, all water and electric bills were included in the rent. I have no rent receipts left, since that was 8 years ago and I've since married and moved numerous times (military). I don't have any proof that my address wasn't the one on the bill, other than the fact that the apartments are upstairs and the shop is downstairs.
The apartments were supposed to have been 111 1/2 W. ******* St. Apt. A, while the shop was 111 W ********* St.
So is a phone bill considered open ended?
Will they be able to affect my credit score?
Answer by davidmi711
There is no statute of limitations on debts. There is a statute of limitations on how long they have to sue you for the debt. They can attempt to collect the money from you until you are dead.
The SoL is 6 years, so as such if they have not already sued you they can not. The SoL on judgments is 10 years.
Answer by tonalc2
If you can provide proof that you resided elsewhere (phone bills, utility bills, rent receipts, etc.), they have no case.
However, you have been the victim of identity theft, and you need to take care of that.
Answer by my avatar's hot!
Write them back by certified mail saying you dispute the validity of the debt, and then ignore it, they won't do anything.
Answer by BAGOFSWAGS
There absolutely is a staute of limitations on debt
http://credit.about.com/od/statuteoflimitations/a/entirestatesol.htm
If they haven't started a legal claim to collect the debt by the end of this peirod or there has been no activity with your payments or agreements to repay, their debt turns into a pumpkin and you don't have to pay.
The statute of limitations on debt in Indiana limits the time you can be sued for a debt.
Oral Contract: 6 years
Written Contract: 10 years
Promissory Note: 10 years
Open-Ended Accounts: 6 years
They can sue you for 6 years, I believe, unless you signed a contract for the phone. i think they're out of luck
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Orignal From: I just received a letter from Mitchell N. Kay Law Offices saying I have an unpaid phone bill but...?
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