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  1. #1
    Join Date
    Aug 2016
    Posts
    2

    Default Threatened With a Judgment Over an Expired Debt

    My question involves collection proceedings in the State of: Oklahoma.

    I received a call today from a collector that said I had a debt with a major cell phone provider. They informed me that the debt was incurred late 2008. I do not recall having used the provider but have no clue about the debt they spoke of. The offered to settle for a single payment of $516, 4 monthly payments of $218, or take it to court for a "Judgement" and pay $1400+ along with court fees and such. I spoke with them for a little while and never admitted to the debt. They told me it was on my credit report a few years back and was informed that it was sent to collections in Oct 2008. They said the debt was sold to another debt collection agency and should have shown up on my credit report sometime in the last 5 years. I told them that I got a yearly credit score and report every year for the last 5+ because I had bought a house, financed two new cars, and financed multiple items ranging from 1-1.5k. At no point did any cell phone debt, or anything pertaining to it, show up.

    I was concerned and asked as much as I could and when the topic of court came up, I was provided very little information. What I want to know is if this is a valid claim on their part? Am I liable for a debt I cannot recall, nor has shown up and/or affected my credit? SOL in Oklahoma extends up to 5 years, with the exception of open contracts (for OK, this seems to mean only credit cards.). Should I just pay their one time payment/monthly payments or fight this case for this judgement?

    Thanks,
    Alex

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Cell Phone Debt, Almost 8 Years Ago. Collector Threatening Court "Judgement"

    Cell phone contracts are written contracts. But either way, the SOL is only five years. They can't obtain a judgement. I'd just tell them to take a hike and that you do not wish to correspond with them further.

  3. #3
    Join Date
    Jan 2011
    Posts
    401

    Default Re: Cell Phone Debt, Almost 8 Years Ago. Collector Threatening Court "Judgement"

    Sounds like a scam. Since this hasn't shown up on your credit report they may be after someone else with the same name.

    If you get sued raise the SOL as a defense. You don't want them to get a default judgment if you don't respond. Otherwise tell them to pound sand and definitely don't pay them anything.

  4. #4
    Join Date
    Aug 2016
    Posts
    2

    Default Re: Cell Phone Debt, Almost 8 Years Ago. Collector Threatening Court "Judgement"

    They knew my SSN, along with all my basic info (DoB, etc.). Isn't talking to them about the debt, considered responded to it? They are "Giving" me a 24 hour hold before they pursue and take it to court. Someone I talked to after posting this told me that collection groups can bypass the SOL by selling my debt to a different collector and the debt is revised and essentially resets the SOL, is this true? I did talk to them for a good 10+ min trying to figure out things and get info. I know I never acknowledged the debt. They also obtained my mother's phone number and called her because she had mentioned someone asking about me a week or so ago and I finally asked her for the number and they matched.
    I'm completely ignorant when it comes to these types of things, so please forgive me for asking more questions. >_<

    *edit*
    Also, this unknown debt occured in Oklahoma, yet this company gave me a California address. If my debt was sold from one state to another, would this change rules? CA has a shorter SOL but would the SOL in CA start fresh from the date they purchased my debt?

    I truly do not know if I legitimately made this debt. I know the cell provider and may have used them but I settled issues with everyone I owed and the only collections I dealt with was for a bank that screwed me and we settled for a very small sum (less than 150).

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Cell Phone Debt, Almost 8 Years Ago. Collector Threatening Court "Judgement"

    Their purchase of your debt does not affect the statute of limitations. The purchase or collection of an Oklahoma debt by an out-of-state company does not change the fact that it is governed by Oklahoma law, or the Oklahoma statute of limitations.

    If there is a judgment against you, the owner of the judgment debt or their collection agency may mention that fact. However, that is not what you have described to us -- they appear to be referencing an allegedly unpaid bill and threatening you with a lawsuit that they know that they cannot pursue due to its being time-barred.

    If there is no judgment against you then the person who called you is violating the FDCPA.

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