Q: What is the statute of limitations on unpaid cell phone bill?

A: In Alabama its 3 years from the date of the last charge OR the date of the last payment, whichever is most recent. In other words, every time you make a payment on the bill the statute of limitations resets and starts all over again. The time period varies from state to state, so this advice is only valid for people in Alabama.

But ... pay attention now. They can still sue you even though the statute of limitations has expired. That is because the statute of limitations is what's called an "affirmative defense", which means you have to raise it as a defense to a lawsuit in order for it to be a bar to the action. If you don't, you waive it. So, the sequence of events is that they sue you, and then you answer the complaint asking that that the suit be dismissed because it is barred by the statute of limitations. The judge should dismiss it but some judges don't take people who are trying to represent themselves very seriously. I'm sorry to have to say that but it is what it is.

Doing it right is not as easy as you might think the above sounds. Your best bet is to explain to them that suit is barred by the statute of limitations. Maybe they'll close their file. If they sue you please hire a lawyer to represent you, if you can. Some areas have legal aid offices that may help you. Many times lawyers will take a case "pro bono", which means for free. I think "pro bono" is Latin meaning "for the good". Something like that.

Good luck with it.