[shreppers]

Hello,

In 1998 I had a telephone line with verizon. Due to neglect I never paid the bill.

It was on my credit report and eventually came off.

Now in 2007 after finally having decent credit and no infractions, I received a letter from a creditor Afni asking that I pay $1,700.00, they further asked me to reply within 30 days or they will assume that I am liable for the debt.

I have been researching this subject and haven't come up with the exact answers.

My question is: Am I at all still liable to this debt. I have no clue if I actually owe $1700.00 in fact I think it is impossible to owe so much for a land line that I rarely used.

Is there in fact a statute of limitations? Should I just ignore it or should I write a cease and desist letter.

Please help

[heather83]

You'll have to check the statute of limitations in your state, and possibly the state that the creditor is located, sometimes they'll go with whichever is longer. You can get some good information about creditors and what you can do and what not from Google.

[dondra6]

AMAZING... this same problem is happening to me. Afni is after me from a 10 year old bill from Verizon on a land line. What I find incredible is... They were after my husband in Jan 2007 for a phone line and address in California we never had AND we have lived here in Las Vegas for 10 yrs and the bill was for 5 yrs ago. It was only in my husbands name and what was scary they had his social security number. My husband told them that he never lived at that address and in 2002 he has lived here in Vegas since 1997. They send him a letter stating they investigated it and he is not liable. NOW, I was sent a collection letter stating I owe from 10 yrs ago close to the same amount they sent my husband for around $500 for land line from Verizon. Yes, they pulled up public records and found out I did live at that address 10 yrs ago. How do I know I actually owe that? I don't remember this ever being on my credit report, but, they did notice I would pay that Sprint bill. Is Afni after people that they think would do anything or pay, so that they keep their credit clean? How do I produce proof after 10 yrs I don't owe that? This should be illegal what they are doing. Maybe someone should contact Dateline the show to investigate Afni. Look up on Google and see the complaints on them.

[Lowtax4eva]

There is a statute of limitations of probably 6 or 7 years depending on your state. But a statute of limitations means that after 6 or 7 years they can't sue you anymore. You still owe the money and if they really want to they can pass the file to some other colelction agent in a few years and they can try to collect.

The debt never disapears unless you go bankrupt, your best bet is to not admit the debt is yours and ask them to only contact you by mail and eventually they will give up.

[ballengerb1]

Technically you are still responsible for the debt. However, the statute of limitations has likely run out and that's why your debt was sold to a collection company. They buy out of debts for pennies on the dollar and try to scare you into making a payment offer, don't do it. If you offer to settle or pay one penny the statue reopens and you are going to loose. The SOL just stops an agency from being able to force you to pay or get into your bankl account. No state has a credit card SOL the lasts 10 years. Send them a cerified letter telling them that the SOL has long since run out. They can assume all they want, it's just part of their scare tactics. Tell them that you assume that they know the SOl has run out.

[J_9]

Thanks to Mr.Yet (a great member here), as he advised I do this with a different debt, Please send a copy of the Debt Collector Disclosure Statement via Certified Mail Return Receipt Requested:



DATE

Name of Company
Address of Company
City State, Zip

RE; Acct#




DEBT COLLECTOR DISCLOSURE STATEMENT
This statement and the answers contained herein may be used by Respondent, if necessary, in any court of competent jurisdiction.
Notice: This Debt Collector Disclosure Statement is not a substitute for, nor the equivalent of, the hereinabove-requested verification of the record, i.e. “Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition” (Black's Law Dictionary, Sixth Edition, 1990), re the alleged debt, and must be completed in accordance with the Debt Collection Practices and demands as cited above Disputed Debt. Debt Collector must make all required disclosures clearly and conspicuously in writing re the following:
1.Name of Debt Collector: ……………………………………………………………….……………………………………...
2.Address of Debt Collector: ……………………………………………….…………………………….. ……………………….
3.Name of alleged Debtor: ………………………………………………………….. …………………………………………..
4. Address of alleged Debtor: ……………….……………………………………... ………………………………………………
5. Alleged Account Number: ……….. …………... ………………………………………………………………………………...
6.Alleged debt owed: $………………………………….…………………………………………………….. …………..
7.Date alleged debt became payable: ……... …………………………….……….. …………….. ….. ……………………………….
8.Re this alleged account, what is the name and address of the alleged Original Creditor, if different from Debt Collector?
…………………………………………………………………………………………………………………………………… ………………………………………………………………………...
9. Re this alleged account, if Debt Collector is different from alleged Original Creditor, does Debt Collector have a bona fide affidavit of assignment to enter into alleged original contract between alleged Original Creditor and alleged Debtor?
YES NO
10. Did Debt Collector purchase this alleged account from the alleged Original Creditor? YES NO N/A (Not Applicable)
11. If applicable, date of purchase of this alleged account from alleged Original Creditor, and purchase amount:
Date: …………………………………………………… Amount: $………………………………

12.Did Debt Collector purchase this alleged account from a previous debt collector? YES NO N/A
13. If applicable, date of purchase of this alleged account from previous debt collector, and purchase amount:
Date: …………………………………………………… Amount: $………………………………
14. Regarding this alleged account, Debt Collector is currently the:
Owner; (b) Assignee; (c) Other – explain: …………………………………………………….….
…………………………………………………………………………………………………………………………………… ………
15.What are the terms of the transfer of rights re this alleged account? ……….………….……….……………………………….

16. If applicable, transfer of rights re this alleged account was executed by the following method:
(a) Assignment; (b) Negotiation; (c) Novation; (d) Other – explain:…………………….…………………... ……………... ………………………………………………………………………………………... ……………………………………
17. If the transfer of rights re this alleged account was by assignment, was there consideration? YES NO N/A
18. What is the nature and cause of the consideration cited in # 17 above? ………………………….……….……….. …………………………………………………………………………………………………... …………………………………………………………………………………………………………………... ………………………………………………
19. If the transfer of rights re this alleged account was by negotiation, was the alleged account taken for value?
YES NO N/A
20.What is the nature and cause of any value cited in #19 above? ……………………….………………………………………... …………………………………………………………………………………………………………………………………… ………
21.If the transfer of rights re this alleged account was by novation, was consent given by alleged Debtor? YES NO N/A
22. What is the nature and cause of any consent cited in #21 above? …………………………………………………………………………………………………………………………………… ………………………………………………………………………
23. Has Debt Collector provided alleged Debtor with the requisite verification of the alleged debt as required by the Fair Debt Collection Practices Act? YES NO
24. Date said verification cited above in # 23 was provided alleged Debtor: …………………………….………………………...
25. Was said verification cited above in # 23 in the form of a sworn or affirmed oath, affidavit, or deposition? YES NO
26. Verification cited above in # 23 was provided alleged Debtor in the form of: OATH AFFIDAVIT DEPOSTION
27. Does Debt Collector have knowledge of any claim(s)/defense(s) re this alleged account? YES NO



28. What is the nature and cause of any claim(s)/defense(s) re this alleged account? ……... …………………………………….…………………………………………………………………………………………… ……………………………………………………………………
29. Was alleged Debtor sold any products/services by Debt Collector? YES NO
30. What is the nature and cause of any products/services cited above in # 29? …….…………………………………………………………………………………………………………………………… …... ……………………………... ……………………………………
31. Does there exist a verifiable, bona fide, original commercial instrument between Debt Collector and alleged Debtor containing alleged Debtor's bona fide signature? YES NO
32. What is the nature and cause of any verifiable commercial instrument cited above in # 31? ……………………………….…………………………………………………………………………………... ……………………………... ………………………………………………………
33. Does there exist verifiable evidence of an exchange of a benefit or detriment between Debt Collector and alleged Debtor? YES NO
34. What is the nature and cause of this evidence of an exchange of a benefit or detriment as cited above in # 33? …………………………………………………………………………………... ……………………………... …………………………………………………………………………………………
35. Does any evidence exist of verifiable external act(s) giving the objective semblance of agreement between Debt Collector and alleged Debtor? YES NO
36. What is the nature and cause of any external act(s) giving the objective semblance of agreement from #35 above? …………………………………………………………………………………………………………………………………… …………………………………………………………………………
37. Have any charge-offs been made by any creditor or debt collector regarding this alleged account? YES NO
38. Have any insurance claims been made by any creditor or debt collector regarding this alleged account? YES NO
39. Have any tax write-offs been made by any creditor or debt collector regarding this alleged account? YES NO
40. Have any tax deductions been made by any creditor or debt collector regarding this alleged account? YES NO
41. Have any judgments been obtained by any creditor or debt collector regarding this alleged account? YES NO
42. At the time the alleged original contract was executed, were all parties apprised of the meaning of the terms and conditions of said alleged original contract? YES NO
43. At the time the alleged original contract was executed, were all parties advised of the importance of consulting a licensed legal professional before executing the alleged contract? YES NO
44. At the time the alleged original contract was executed, were all parties apprised that said alleged contract was a private credit instrument? YES NO
45. Statute of Limation is this alleged debt this valid within the limits of the SOL. YES or NO_______
Debt Collector's failure, both intentional and otherwise, to complete/answer points “1” through “45” above and return this Debt Collector Disclosure Statement, as well as provide Respondent with the requisite verification validating the hereinabove - referenced alleged debt, constitutes Debt Collector's tacit agreement that Debt Collector has no verifiable, lawful, bona fide claim re the hereinabove-referenced alleged account, and that Debt Collector tacitly agrees that Debt Collector waives all claims against Respondent and indemnifies and holds Respondent harmless against any and all costs and fees heretofore and hereafter incurred and related re any and all collection attempts involving the hereinabove-referenced alleged account.
Declaration: The Undersigned hereby declares under penalty of perjury of the laws of this State that the statements made in this Debt Collector Disclosure Statement are true and correct in accordance with the Undersigned's best firsthand knowledge and belief.

____________________________________ ____________________________________
Date Printed name of Signatory

____________________________________ ____________________________________
Official Title of Signatory Authorized Signature for Debt Collector

Debt Collector must timely complete and return this Debt Collector Disclosure Statement, along with all required documents referenced in said Debt Collector Disclosure Statement. Debt Collector's claim will not be considered if any portion of this Debt Collector Disclosure Statement is not completed and timely returned with all required documents, which specifically includes the requisite verification, made in accordance with law relevant part: “A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt,” which includes “the false representation of the character, or legal status of any debt,” and “the threat to take any action that cannot legally be taken,” all of which are violations of law. If Debt Collector does not respond as required by law, Debt Collector's claim will not be considered and Debt Collector may be liable for damages for any continued collection efforts, as well as any other injury sustained by Respondent. Please allow thirty (30) days for processing after Respondent's receipt of Debt Collector's response.






Recording Requested by, and
When Recorded Return to:

Your Name
Your Address
Your city, state & zip

__________________________________________

Cc:file

[mr.yet]

Yep, Afni, another collector that doesn't following the rules, buy old debt and tries to collect. Bought it for pennies on the dollar.

Send Notice of Dispute of the Alleged debt and the Disclosure statement, Request accounting tof the alleged debt for date of last activity, SOL is most likely expires and they cannot take you to court, if they do , File Motion to Dismiss on the basis of SOL expired.

[Lowtax4eva]

Wow, that letter is awesome, I would use it on a debt of mine, but I'm in Canada. I have a debt collector that won't give me any info and has sent me 2 letters from a lawyer, despite never having called me directly. I asked them to prove they have the right to collect for the cell phone company but their second letter was a copy of the first with a new date.

Not sure what to do anymore but I haven't heard anything in 3-4 weeks.

[gamoooos]

I just got a letter from Afni also, same thing about charges from over 9 years ago that I never heard about before. Even though the account doesn't show that it was closed due to non pay and the fact that I have had verizon ever since that point. My question is, can this still affect my credit rating? Even though it's from 1998? How can I prove that these are NOT my charges?

[joedoe]

Do not by any means contact afni or anyone concerning the bill. In some states if you contact them it renews the statue of limitations. At least this is what I've been told. Just forget about it.