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Does Any One Know the Statute of Limitations for a Cellular Phone Bill in New York

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  • 09-04-2011, 04:52 PM
    internet4play
    Does Any One Know the Statute of Limitations for a Cellular Phone Bill in New York
    My question involves collection proceedings in the State of: NY

    Is the statute of limitations on a cellular phone the same as a credit card in NY? I read several postings saying the federal SoL is only 2 yrs for this type of debt. Then I also read several postings saying it falls under the category of an open end debt and the SoL is 6 yrs. Does anyone know where I can get correct information as I am being sued, and the bill went into default status over 3 yrs ago.
  • 09-04-2011, 05:02 PM
    jk
    Re: Does Any One Know the Statute of Limitations for a Cellular Phone Bill in New Yor
    you are correct about each of the SOL's. If you can convince a court the 2 years is applicable, the suit should get tossed.

    the specific law you would be interested in is 47 USC 415

    http://law.onecle.com/uscode/47/415.html

    Quote:

    Sec. 415. Limitations of actions

    (a)
    Recovery of charges by carrier
    All actions at law by carriers for recovery of their lawful charges, or any part thereof, shall be begun within two years from the time the cause of action accrues, and not after.
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