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North Carolina statute of limitations questions


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I had a credit card for which I last made a payment in May 2000. The statute of limitations in NC is 3 years, so I'm hoping I now have an absolute defense, should any lawsuit be filed against me. The page on creditinfocenter.com states "For about half the population, the statute of limitations started ticking the day they made the last payment for their account."

1. I made a partial payment promise over the phone to a CA (I never sent any payments). Did this re-start the SoL for the debt?

2. Does acknowledging that I owe the debt in writing (in a cease & desist letter) extend the SoL?

If you don't have an answer, are there any online resources where I could find the answer to these two questions? I don't want to visit an attorney. I can't really afford one.

Thanks much!

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Well, I believe I've found the answers on my own by doing some digging.

FYI, NC law requires that an acknowledgment or promise to pay has to be in writing, and "manifest a definite and unqualified intention to pay the debt." See:

http://www.aoc.state.nc.us/www/public/coa/search/1997/Coe_v._Highland_School_Assoc._

LTD._Part.,_96-292,_01-07-1997.htm

So as far as my second question is concerned, I never offered or promised payment in my cease & desist letters, so I should be OK.

It seems odd that multiple collection agencies can attempt collection on a debt and even sue you for money they never lent you. Go figure.

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