Re-starting the statute of limitations

[tbrannies]

What is the name of your state? Oregon

Can anyone tell me if making a payment to a collection agency in '02 on a debt that was turned over to them in '99 "restarts" the statute of limitations in Oregon? The date of the original deliquency with the original creditor (dentist) was December 1997.

I was under the impression that the SOL and the reporting period both were based on the original deliquency date of the original account the collection account is for. To be honest, I don't remember ever making a payment to the collection agency in '02 and they won't furnish me with anything that says I did, they just say I did and that that payment started the SOL date all over.

Any advice would be helpful. Thanks in advance

[punkin]

i would start by calling your states Dept Of Consumer Affairs, they are usually well educated on these matters.at the very least if they cant give you an answer surely they can advise you of an agency that can.

[debtcollector`]

Yes, if you made a payment, it will restart the SOL.

DC

[tbrannies]

Thanks for the responses.

For future reference, where is this covered or provided for in the FDCPA?

[Chien]

It's not. State law establishes the SOL for each state.

In the most fundamental sense, it's your constitutional due process rights that say that you're entitled to notice and the opportunity to defend. The flip side of that, as set forth in case law and codified in state statutes is that you re-start the SOL when you acknowledge an obligation by payment and suspend it when you become unavailable for service.

Conceptually, the SOL is for your benefit, but it's not a one-way street.

[ecmst12]

So if OP says he didn't make the payment, who has the burden to establish that he did or did not?

[tbrannies]

Originally Posted by ecmst12

So if OP says he didn't make the payment, who has the burden to establish that he did or did not?

That's a big part of my situation with them. I paid on a bounced check in 2002 that this CA had, but didn't know they even had the dentist bill. They're saying that I made a payment on the dentist bil in 2002 and I didn't.

[ecmst12]

A bounced check from a different bill?

[Ladynred]

If you can prove the 'payment' was NOT for the dentist's bill, then you did not reset the SOL on THAT DEBT.

[tbrannies]

Originally Posted by ecmst12

A bounced check from a different bill?

Yes, I bounced a check to a store in '01 and they had already turned it over to collections before I could pay it at the store. So I paid it with the same collection agency (a local one in the town I live in) that the dentist bill from 98 was apparently at. Although they never said anything about the dentist bill till I just got a notice from them right after I moved in January of this year.