Author Topic: Resetting SOL on CC debt  (Read 1122 times)

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pss

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Resetting SOL on CC debt
« on: March 27, 2012 02:41:41 AM »
I received a call from a collection agency this morning, informing me that I had an old credit card bill with the last payment made in 1999. The credit card in question was one my ex-husband and I had, and after my divorce, I thought I had successfully paid off all my debts. I told them that I wasn't aware of any unpaid credit card bills, and they said they had been mailing me statements every month, and it turns out they were sending them to an old address, so I gave them my correct address.

Not wanting to owe money, I agreed to make payments, but then they wanted my bank account information or debit card numbers, and I refused to give them out. I told them I would be happy to mail them my payments but they would not give me an address and said the only way to process the payment was to do it their way. I wasn't about to do it and told them I wanted to do some checking to see if this was a valid request, and asked that they call me back later in the day.

At any rate, my father and my sister both said the SOL was expired and I didn't need to pay it, but a friend told me, by agreeing with them to make a payment, I had acknowledged my debt and that the SOL could be reset. (The phone call was recorded). Is this correct? If I need to pay it, I certainly will, but it's for almost $1,000 and it's money I could certainly use.

What I want to know is if I should pay this or tell them to quit contacting me, and if I need to pay it, there certainly has to be a way to do so without giving out my account information. Right?
« Last Edit: March 27, 2012 03:04:03 AM by pss »

Admin4184

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Re: Resetting SOL on CC debt
« Reply #1 on: March 27, 2012 02:57:52 AM »
Paragraph breaks are a requirement at Debtorboards.

They allow your reader to take a breath, and make finding your question, and the circumstances you are describing, easier to find.

Our goal at Debtorboards is to teach and train our members to be successful in legal matters. Precise and concise written communication is an essential part of that success.

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Cocobeauty

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Re: Resetting SOL on CC debt
« Reply #2 on: March 27, 2012 01:49:53 PM »
There are 18 states in which the statue of limitations is revived or extended, but this is only with a "written new promise to pay".  Sending a payment does not revive or extend the statue of limitations.  I'm not sure what state you are in but irregardless, you did not send a "written new promise to pay". :drinking:

pss

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Re: Resetting SOL on CC debt
« Reply #3 on: March 27, 2012 08:10:35 PM »
Thanks for the information.  For what it's worth, I'm in Michigan.  The SOL here is 6 years on credit card debt.  I just wanted to be sure I didn't bind myself by an oral agreement to make a payment. 

I had no idea I even owed this money, and I have even less of an idea why they just now started calling me about it.  I've been at the same phone number for the last 12 years.  Even if they had the wrong address, they obviously have my number. 

Fighting Irish

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Re: Resetting SOL on CC debt
« Reply #4 on: March 27, 2012 10:05:25 PM »
Just wait for them to send you something in the mail, and you can send them a FOAD letter.

Then, if they decide to sue you, they can pay you.
Dang it, Jim! I'm a nurse, not an attorney!

(The rest of you, keep that in mind, too.)

pss

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Re: Resetting SOL on CC debt
« Reply #5 on: March 28, 2012 02:01:38 AM »
Just wait for them to send you something in the mail, and you can send them a FOAD letter.

Then, if they decide to sue you, they can pay you.

Hehe, yeah.  The funny thing is, they shot themselves in the foot.  I was prepared to get a cashier's check for the full amount and send it out to them yesterday, until they insisted I could only make a payment by giving them my bank account information or debit card numbers.   :vbrofl:

kevinmanheim

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Re: Resetting SOL on CC debt
« Reply #6 on: March 28, 2012 02:25:24 AM »
There are 18 states in which the statue of limitations is revived or extended, but this is only with a "written new promise to pay". 
Is that list on DB?

If not, it would be helpful to post it.

 

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