Is This Legally Binding?

"Legally binding" to what? "Binding" implies a contract or agreement. What you sent them is entirely one sided and doesn't fall into that realm IMO.

What you are doing is contesting a charge or bill. It is already up to them to prove the bill is valid. If they can do that they'll probably present you with the documentation. If they can't they'll probably remove the charges.

If they drop the charges you should get some sort of statement from them saying that that has been done. Otherwise, if you don't hear from them after whatever the cut-off point is in your state you can probably assume you are clear of the debt. (Each state has it's own time limit after which debts are considered uncollectable - you'd need to check your state's laws and find out what that is.)

You may find that they might not say anything to you but they may report the unpaid debt to a credit reporting agency. You'll want to keep a copy of teh letter you sent them in case they do.

By legally binding I guess I meant, could I leagally assume that I am not liable for that debt if they don't get back with me?

I will need to check MI laws......thanks!




They already have and no one can give me any information on what the debt is for. Makes me so mad....

What does this mean??


Michigan Statutes of Limitation

Breach of Contract: 6 years, (MCL 600.5807(8).

Breach of Contract for Sale of goods under the UCC: 4 years: including deficiency actions following repossession and sale of goods subject to a security interest, (MCL 440.2725(1).

Judgments: 10 years, but are renewable by action for another 10 years, MCL.600.5809(3).

NOTE: Another state's limitation period may apply check statutes carefully.

I would guess that the 2nd of those applies (i.e. 4 years) to your situation. They can go to court and seek a judgement against you at any time during that 4 year period (and of course, you can go and defend yourself). If they won they'd then have 10 years (the 3rd line) to collect that debt.

I believe the original post concerns collection on an unpaid account in the former state of residence? Here is a website that charts, state by state, the statute of limitations for filing a lawsuit to collect on an unpaid account:

http://www.bcsalliance.com/y_debt_sol.html

The applicable law concerning collecting activities is the FEDERAL Fair Debt Collection Practices Act.

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

The Poster asked for Validation of the Debt. See, e.g.:

§ 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

The answer to your question, is "no," if you were still unsure. As fishin' said, the ultimatum in your letter is unilateral, and their non-response in no way binds them from pursuing collection.

But of course, if they had any "evidence" of the debt, they would probably just send it to you, which they have not been able to do despite your requests.



If they have reported this "debt" to a credit reporting agency (not a collection agency), I would dispute it with the credit reporting agencies (TransUnion, Equifax) directly, and you should provide them with a copy of the letter you sent to Sprint.

[duplicate]

I am going to. I just know that this is going to be an uphill battle and I don't want to deal with it.