Expert Advice When You Need It Most

Is statute of limitations up.?

Asked almost 3 years ago - El Paso, TX

Lawsuits

My husband got a family plan with a well known cell phone company with a friend of his when he was 18 in 2004. He lost his job and was not able to pay for the phone. He ended owing this company $807. He did not received any correspondence about this bill until 6 months ago but it was dated 2007. He got another letter about 3 months ago saying they were going to do arbitration and he sent a form stating he could not financialy make a payment due to baby on way. They are now suing him for the amount. Is there a statute of limitations on this type of claim?

Flag

Save

Share with:

Attorney answers (1)

Michael Wayne Weston

Reputation Level 8

Answered almost 3 years ago. Debt Settlement Attorney in Bellaire, TX.

Flag

Although more information is needed, the statute of limitations to collect debt in Texas is four years. However, there is Federal authority which limits collecting on cell phone debts to 2 years. The time frame depends on when the final payment was made on the account. To claim a statute of limitations defense you will need to respond to the lawsuit, deny their allegations, and claim the defense, the burden is on your to prove this defense.

Another issue is that you mentioned arbitration. It is possible that they have obtained an arbitration award and are seeking to confirm the arbitration award. If this is the case, they have one year to confirm the arbitration award from the time it was obtained. More information is needed to accurately answer the question.

Mark as good answer

Add comment