SOL on a Old T-Mobile bill..

[JRMahana]

Can anyone tell me what kind of SOL a cell phone bill falls under? Is it a Oral, Written, Promissory, or Open-Ended Account? There was never a contract signed by me but some collection agency as taken this to a court seeking a judgment and says I was given a list of "T-Mobile Terms And Conditions". I live in Utah and the account was written off 4 1/2 years ago. The court summons request I provide a written response within 10 days. What should I do from here?

[30daylate]

I would tell them that they should provide documentation that they debt is yours. Even if it is, if you don't respond they get a default judgment. Often times they hope to get a default judgment because they don't always keep the proper documentation. If they want to get the money, they need to provide documentation that you signed a contract.

[JRMahana]

To whom it may concern,
In responds to the attached summons received May 21, 2011, It’s hard to find where I should start first. The last collection agency to contact me regarding this account was Pinnacle Financial Group, and they was unable to validate the account details when requested and had since stopped contacting me regarding this account. I find it odd that the first time I hear from this Liberty Acquisitions Service, LLC is in fact through a court summons.

I have disputed this account with 3 other collection firms none have ever been able or willing to validate this account. One of the main things I have requested from all of them including from T-Mobile was a copy of any agreement or signed contract. No one has ever been able to provide me with one. The only thing I could get out of a T-Mobile rep over the phone was she had no record of a signed contract on file, and was unable to determine if I was ever sent a written agreement. But here this Liberty Acquisitions Service, LLC out of no where has claimed to have what no one else including T-Mobile has ever been able to find? The fact is I have never received any written agreement or signed any contract.

Under Utah State Code 78B-2-307
An action may be brought within four years:
(1) after the last charge is made or the last payment is received:
(a) upon a contract, obligation, or liability not founded upon an instrument in writing;
(b) on an open store account for any goods, wares, or merchandise; or
(c) on an open account for work, labor or services rendered, or materials furnished;


I would also like to point out T-Mobile is defined as a “Common Carrier” under 47 USCS § 153 as:
(10) Common carrier:
The term “common carrier” or “carrier” means any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or interstate or foreign radio transmission of energy, except where reference is made to common carriers not subject to this chapter; but a person engaged in radio broadcasting shall not, insofar as such person is so engaged, be deemed a common carrier.

And this would place T-Mobile under federal statute, 47 U.S.C. Section 415 (a),
(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.

In conclusion this account has been charged off since around January 3, 2007 making this account over 4 years old and leaves this account out side the statutes of limitations for any legal actions in either case.

[JRMahana]

Next I think I need to sue this Liberty Acquisitions Service, LLC