debtmanwalking

Members
  • Content Count

    3
  • Joined

  • Last visited

Community Reputation

10 Good

About debtmanwalking

  • Rank
    Newbie

Profile Fields

  • Location
    California
  1. What I have been able to find is the following: CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 360 "No acknowledgment or promise is sufficient evidence of a new or continuing contract, by which to take the case out of the operation of this title, unless the same is contained in some writing, signed by the party to be charged thereby, provided that any payment on account of principal or interest due on a promissory note made by the party to be charged shall be deemed a sufficient acknowledgment or promise of a continuing contract to stop, from time to time as any such payment is made, the running of the time within which an action may be commenced upon the principal sum or upon any installment of principal or interest due on such note, and to start the running of a new period of time, but no such payment of itself shall revive a cause of action once barred." (found on Onecle) But what nobody has been able to tell me for sure...is whether or not this directly applies to credit card debt...and means that I need a new written agreement no matter what I've paid during or after the SOL has expired.
  2. Thank you both for taking the time to respond...I appreciate it. So you're telling me that the educational information on this website (creditinfocenter) is completely incorrect? At the top of this page...you can click on "statute of limitations"....and then scroll down to the paragraph titled "Does a partial payment restart the SOL?" It then states that... "Depending on what state you live in, if you make a partial payment, you could be postponing the Statute of Limitations' taking effect on your collection account or charge-off. A collector might call you one day and say you waived your rights when you made a deal with the collection agency. Do not take anything a collector tells you for granted. Make them prove it to you, in or out of court. For about half the population, the Statute of Limitations started ticking the day they made the last payment for their account. Some states have laws which specify that a partial payment does not restart the clock on the SOL, unless there is a new written promise to pay. What that means is that you actually write out a new agreement with the original creditor and/or collection agency. If you live in one of these states, simply sending in a check doesn't restart the clock. The statute of limitations is only extended by new written promise to pay in these states: Arizona, California, Florida, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New York, Texas, Virginia, West Virgina, Wisconsin." So you're both telling me that the information on this website is completely inaccurate in regards to California? Thanks again.
  3. Okay...desperate for a once and for all definitive answer regarding whether or not partial payments restart the statute of limitations in California. I sent the following email to a number of debt lawyers in my state: "I've been going nuts trying to find an answer to a question...and I'm optimistic that you'll have my answer. I've been dealing with a credit card debt that is well beyond the statute of limitations in my state (California). The debt has been passed on to several collection agencies over the years. I've paid thousands of dollars towards the debt in the form of monthly payments. The last written agreement I had is with the original creditor...from about 7-8 years ago...beyond the SOL. Is it true that in California...my recent payments and verbal acknowledgment of the debt over the phone DO NOT reset the statute of limitations clock? Does this mean that if I send the collection agency a cease and desist letter...that states that I'm disputing the debt due to exceeding the SOL...then they'll be forced to leave me alone? I realize that they could still try to sue...but will a judge throw out the case because I haven't entered into a new WRITTEN agreement (other than payments and phone conversations)...and I'm beyond the SOL? Desperate for a definitive answer." Here are some of my responses: Again...I'm in California Lawyer #1 : "I believe that if you acknowledged there is a debt again then it resets the sol so they can sue" Lawyer #2 : "Any voluntary payment revives the statute of limitations." Lawyer #3 : "Payments you have made do toll the statute. But phone conversations do not." Can I get a definitive, provable answer that California Civil Procedure Section 360 does or does not apply? And the following information from creditinfocenter.com regarding partial payments is or is not correct??? "Does a partial payment restart the SOL? Depending on what state you live in, if you make a partial payment, you could be postponing the Statute of Limitations' taking effect on your collection account or charge-off. A collector might call you one day and say you waived your rights when you made a deal with the collection agency. Do not take anything a collector tells you for granted. Make them prove it to you, in or out of court. For about half the population, the Statute of Limitations started ticking the day they made the last payment for their account. Some states have laws which specify that a partial payment does not restart the clock on the SOL, unless there is a new written promise to pay. What that means is that you actually write out a new agreement with the orginal creditor and/or collection agency. If you live in one of these states, simply sending in a check doesn't restart the clock. The statute of limitations is only extended by new written promise to pay in these states: Arizona, California, Florida, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New York, Texas, Virginia, West Virgina, Wiscon......" Again, desperate for a definitive answer that pertains specifically to California law. And...I'm not trying to flee from my financial responsibility. I've paid back the original debt in the form of monthly payments...just not the fictional and absurd interest. I've been dealing with the nightmare of these collectors for years...and I feel I deserve for it to finally be over. Thanks for your help!