Pa Sol?

Discussion in 'Credit Talk' started by vindale, Mar 17, 2005.

  1. vindale

    vindale Member

    Does anyone know what the Statue of Limitations is in Pennsylvania on a utility bill? NCO's claiming I owe them from an unpaid final gas bill in 1999 (250.00 gas bill in august? sure) and it's showing up at all three CRA's. Anyway, any of the research I'm doing on the web is showing different numbers--some claim 4 years, some claim 6. Hoping someone here might know the actual answer.

    thanks!
     
  2. pd11604

    pd11604 Well-Known Member

    I would imagine a utility bill would be considered an open account, it certainly isn't a promissory note or a written contract. Open account SOL's for PA look to be 6 years
     
  3. pd11604

    pd11604 Well-Known Member

    Send the validation letter to NCO
     
  4. vindale

    vindale Member

    Thanks for the reply.

    How confident are you on the 6 years in pa for open contract? The reason I ask is that I've seen ample evidence for both 6 and 4 on the web:

    4years:
    http://www.gofic.com/statuteoflimitations/pennsylvania.php
    http://www.bankrate.com/brm/news/cc/20040116b1.asp
    http://www.ihatedebt.com/StatuteofLimitations.html
    http://www.credit-to-cash-advisor.com/document_177.html

    6years
    http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml
    http://www.bcsalliance.com/y_debt_sol.html
    http://www.cardreport.com/laws/statute-of-limitations.html


    If it's four years, I'm past the SOL, if it's six, I've still got 4 months.

    Regarding the validation letter, I'm ready to send it, but if I'm still inside the SOL, would I be better off waiting until it's expired? I only learned about this from my credit reports--NCO hasn't been writing, and I don't want to wake up the demon ;) Probably paranoi, as I can't really imagine them going to court for 200 bucks.

    So, if SOL hasn't expired, do I wait, or just go for it?
     
  5. pd11604

    pd11604 Well-Known Member

    You need to check the actual Pennsyvania Statutes or check with a lawyer.

    If you've only got 4 months, and NCO is doing nothing, I'd wait it out and when you're sure 6 years has passed, then send the validation letter
    Note: if they have previously contacted you then they have the right to assume the debt is valid and keep their entry on your CR but it should be marked as disputed. The CR entry can remain for 7 years from the Date of Deliquency, although they might not be able to collect due to the SOL being expired
     

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