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SWEDE or CALAWYER or anyone, lol


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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 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."

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

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<blockquote>Originally posted by LadynRed

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.

</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 ;)

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<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 ;)

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