SOL tied to original debt??? oh please say yes though i suspect you won't.

[swoonfed]

What is the name of your state?california

so... the SOL is restarted if i make a payment to a collection agency??
or by some stroke of luck the SOL is tied to the original debt.

please clarify someone??? i became very happy. now i'm sad.
damnit.
i wonder if i started SOL over just before it expired. and now i'm screwed.
rarrrrrrrrrrrrrrrr

 

[JETX]

so... the SOL is restarted if i make a payment to a collection agency??
or by some stroke of luck the SOL is tied to the original debt.

Guess what?? You win. The SOL is tied to the original debt and a subsequent payment BY ITSELF does not reset the SOL clock.... California requires a debtor to affirm the debt in writing in order to reset the SOL 'clock'.

From Ca Code of Civil Practice:
"360.5. No waiver shall bar a defense to any action that the action was not commenced within the time limited by this title unless the waiver is in writing and signed by the person obligated. No waiver executed prior to the expiration of the time limited for the commencement of the action by this title shall be effective for a period exceeding four years from the date of expiration of the time limited for commencement of the action by this title and no waiver executed after the expiration of such time shall be effective for a period exceeding four years from the date thereof, but any such waiver may be renewed for a further period of not exceeding four years from the expiration of the immediately preceding waiver. Such waivers may be made successively. The provisions of this section shall not be applicable to any acknowledgment, promise or any form of waiver which is in writing and signed by the person obligated and given to any county to secure repayment of indigent aid or the
repayment of moneys fraudulently or illegally obtained from the county."
Source: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=350-363

 

[swoonfed]

"i think i love you/but what am i so afraid of"

oh you soooo made my day if i'm understanding you correctly. and THANK YOU. so making payments via phone/checking account does not legally acknowledge nor confirm that debt? and i'm just a sucker? oh i love that.

i'm sorry if this is redundant but do i just contact the collections agency and tell them to stop because SOL ran out? will they laugh me in the phone and if they do should i just not care providing i've proof of original debt having expired? phew. or is it NOW that things get complicated? i can't thank you enough in either case. )

OK i checked my credit report..... but the DATE REPORTED by the outstanding credit card is wayyyyyy past when i actually had anything to do with it. 2003 in fact. Could this be when the Collections took over?? How do i find out when i last paid them? i KNOW it was SEVERAL years ago. uh oh.
thanks

 

[Ladynred]

Send them a cease and desist letter telling them never to contact you about the debt again as it is time-barred per CA statute. Send it certified, RRR and keep copies of everything.

The 'date reported' is meaningless for SOL purposes.

 

[jerry83919]

Guess what?? You win. The SOL is tied to the original debt and a subsequent payment BY ITSELF does not reset the SOL clock.... California requires a debtor to affirm the debt in writing in order to reset the SOL 'clock'.

From Ca Code of Civil Practice:
"360.5. No waiver shall bar a defense to any action that the action was not commenced within the time limited by this title unless the waiver is in writing and signed by the person obligated. No waiver executed prior to the expiration of the time limited for the commencement of the action by this title shall be effective for a period exceeding four years from the date of expiration of the time limited for commencement of the action by this title and no waiver executed after the expiration of such time shall be effective for a period exceeding four years from the date thereof, but any such waiver may be renewed for a further period of not exceeding four years from the expiration of the immediately preceding waiver. Such waivers may be made successively. The provisions of this section shall not be applicable to any acknowledgment, promise or any form of waiver which is in writing and signed by the person obligated and given to any county to secure repayment of indigent aid or the
repayment of moneys fraudulently or illegally obtained from the county."
Source: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=350-363

So does this mean that UNLESS an alleged debt is specifically 'confirmed' or 'acknolwedged' in writing -- and signed by the debtor -- then the SOL is NOT tolled?

What about in this situation (still in California) in 2000 someone opens up a credit card account on 1/1/2000. A debt is incurred and date last activity is 3/1/2000. (We know that the the SOL is 4 years and a legal action would be time-barred after 3/1/2004.) But what if the debtor opened up a NEW credit card with the same creditor on 1/1/2002--without specifically affirming in debt, but same general contract, eg. all obligations will be paid to creditor on time, etc.) Does the SOL restart in this case?

Thanks for your response and thoughts.

-Jerry

 

[Ladynred]

If its a new account, it would have its own run of the SOL. Unless... you took one of Crap1's offers and took a 'new card' to pay off an old debt - if that's the case, then you've just reset everything.