cookiemnster Posted January 27, 2003 Report Share Posted January 27, 2003 From:http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=6436405907+16+0+0&WAISaction=retrieve"360. No acknowledgment or promise is sufficient evidence of a newor continuing contract, by which to take the case out of theoperation of this title, unless the same is contained in somewriting, signed by the party to be charged thereby, provided that anypayment on account of principal or interest due on a promissory notemade by the party to be charged shall be deemed a sufficientacknowledgment or promise of a continuing contract to stop, from timeto time as any such payment is made, the running of the time withinwhich an action may be commenced upon the principal sum or upon anyinstallment of principal or interest due on such note, and to startthe running of a new period of time, but no such payment of itselfshall revive a cause of action once barred."This means that making a payment on a medical debt doesn't re-start the Statute of Limitations, right? If I'm reading the California code right the SOL on medical debts is 4 years. So one incurred in 1995 would long be past SOL even if payments have been made on it in the meantime.Do you read this the same way I do?Thanks!~Cookie Link to comment Share on other sites More sharing options...
LadynRed Posted January 27, 2003 Report Share Posted January 27, 2003 You hit the nail on the head. As a matter of fact, its true for most debts - paying a CA doesn't necessarily re-start the SOL at all. It depends on state laws and its usually found in the state fraud statutes. Link to comment Share on other sites More sharing options...
cookiemnster Posted January 27, 2003 Author Report Share Posted January 27, 2003 <blockquote>Originally posted by LadynRedYou hit the nail on the head. As a matter of fact, its true for most debts - paying a CA doesn't necessarily re-start the SOL at all. It depends on state laws and its usually found in the state fraud statutes.</blockquote>Thanks, Lady, that's what I thought. I wanted to make sure before I advised someone that they could tell a CA to go pound sand Link to comment Share on other sites More sharing options...
Anonymous Posted January 27, 2003 Report Share Posted January 27, 2003 I asked about making payments on medical collection. CALAWYER answered it in this thread:www.debt-consolidation-credit-repair-service.com/cgi-local/cutecast/cutecast.pl?forum=18&thread=871 Link to comment Share on other sites More sharing options...
cookiemnster Posted January 27, 2003 Author Report Share Posted January 27, 2003 <blockquote>Originally posted by !cj!I asked about making payments on medical collection. CALAWYER answered it in this thread:www.debt-consolidation-credit-repair-service.com/cgi-local/cutecast/cutecast.pl?forum=18&thread=871</blockquote>Thanks. Darn, I think payments were made before the original SOL expired.Oh well, there are other CA violations Link to comment Share on other sites More sharing options...
Anonymous Posted January 27, 2003 Report Share Posted January 27, 2003 I think the key is in this statement:"...no such payment of itself shall revive a cause of action once barred."A payment after the SOL is different then one during. [Edit by !cj! on Monday, January 27, 2003 @ 12:07 PM] Link to comment Share on other sites More sharing options...
Swede Posted January 28, 2003 Report Share Posted January 28, 2003 Please excuse my tardiness to respond. However, I think other people on the board are better equipped to help you out on this one, besides, I think you got your answer already ... Link to comment Share on other sites More sharing options...
cookiemnster Posted January 28, 2003 Author Report Share Posted January 28, 2003 <blockquote>Originally posted by SwedeHowever, I think other people on the board are better equipped to help you out on this one, </blockquote>But Swede, I thought you slept with caselaw? LOL Thanks Link to comment Share on other sites More sharing options...
Swede Posted January 28, 2003 Report Share Posted January 28, 2003 <blockquote>Originally posted by cookiemnsterBut Swede, I thought you slept with caselaw? </blockquote>Got myself a couple of cats instead... much softer and nicer [Edit by Swede on Tuesday, January 28, 2003 @ 06:57 AM] Link to comment Share on other sites More sharing options...
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