Question about statutes

[Billing]

What is the name of your state? California.

I wonder if anyone can help me answer a question about statutes. I know that there's a 4 year statute for written contracts and a 2 year statute for verbal contracts, and that the time starts whenever the contract is broken (the first time the debtor doesn't make a required payment, for example). My question is this - if, after breaking the contract, the debtor makes ANOTHER payment, is the statute extended?

More concisely (and completely hypothetical):

Debtor skips a payment (breaking a written contract) on January 1, 2007. This gives till January 1, 2011 to sue. If the debtor makes a payment on February 1, 2007 is the statute extended to February 1, 2011?

Any answers or points in the right direction would be greatly appreciated.What is the name of your state?

 

[dcatz]

It's not an involved question and, yes, if the contract involves payments and a delinquent partial payment or installment is made after a breach, the Statute of Limitations is re-set.

That's not to be confused with curing the breach or default. If the breach per se gives you a cause of action, in your hypothetical the delinquent payment extends (re-sets) the SOL but doesn't cure the default. (This assumes that you don't continue to accept erratic or delinquent payments for so long that you are deemed to have waived the right to timely payment - hard to do but hypothetically possible).