Does payment on an account restart the SOL?

[radarbeam]

The facts you described are totally different to the situation the law was designed for.

Go ahead. Be a fool. Make a partial payment. Then try to use F.S. 95.04 as your defense. You will be clobbered.

I have studied Florida case law extensively. I have gone through thousands of Florida case law authorities. Have you?

[DocDon]

My, doesn't your tone sound familiar, radarbeam....

[credit_on_mars]

Originally Posted by DocDon

My, doesn't your tone sound familiar, radarbeam....

While I skipped that law degree, opted for an engineering degree, the Florida laws seem to me fairly straight forward. Unless one signs an agreement to pay a CA, or I suppose the OC, then the SOL period ends a certain number of years after the date the CC account went into delinquency..

[DocDon]

Don't sweat it, credit_on_mars. Radar's demeanor is sending up red flags on who he is and why he's here.

[credit_on_mars]

Originally Posted by DocDon

Don't sweat it, credit_on_mars. Radar's demeanor is sending up red flags on who he is and why he's here.

I dig, my man. Was sending some nibles out 8)

[admin]

Split this off as it got pretty heated and this kind of debate doesn't belong in this section:

http://debt-consolidation-credit-rep...=164332#164332

[admin]

California Code of Civil Procedure

335. The periods prescribed for the commencement of actions other than for the recovery of real property, are as follows:

337.2 Within 4 Years:
An action to recover (1) upon a book account whether consisting of one or more entries; (2) upon an account stated based upon an account in writing, but the acknowledgment of the account stated need not be in writing; (3) a balance due upon a mutual, open and current account, the items of which are in writing; provided, however, that where an account stated is based upon an account of one item, the time shall begin to run from the date of said item, and where an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item.

337.3
An action based upon the rescission of a contract in writing. The time begins to run from the date upon which the facts that entitle the aggrieved party to rescind occurred.

337.15.1(d)
Nothing in this section shall be construed as extending the period prescribed by the laws of this state for bringing any action.

[usctrojanalum]

Originally Posted by admin

Actually, there are 18 states in which payment does not restart the clock (review or extend SOL). The statute of limitations is only extended by new written promise to pay in these 18 states:

Arizona, California, Florida, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New York, Texas, Virginia, West Virgina, Wisconsin.

New York should not be on this list, the SOL does reset every single time a payment is made. (I understand the post is from 2003 and things may have changed)

[whatnot]

I have a debt that someone else bought. They are now trying to sue me for the balance. According to my 2005 credit report as well as one recently the balance was $0 with the original creditor. The account was charged off in 2004 BUT I did make $20 a month payments through part of 2008. I also made an offer to the new owner but basically they want the whole balance. And yes I've already been summons and I just answered today.

I'm confused on the wording of SOL in AZ so I'm asking you advice here. Something I see say it's outside SOL other say inside.

[whatnot]

Originally Posted by admin

Actually, there are 18 states in which payment does not restart the clock (review or extend SOL). The statute of limitations is only extended by new written promise to pay in these 18 states:

Arizona, California, .

Since I'm in AZ I'm wondering other then the SOL statue what I can use that actually says that payment does not extend SOL.
The state statue doesn't directly talk about payments made after SOL starts.