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secretary of state doesn't know - do you?


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i live in the state of montana and i have a problem with NCO Financial. They are trying to collect a debt for which the sol has expired. i am now in the process of validating the debt with them, but here is my major problem. the ca called my husband and talked him into making a $100.00 check by phone payment on their collection. did my husband restart the sol by making this payment even though there is no written agreement to pay the debt? i called the montana secretary of state and everyone there interpreted the statute in different ways: some said we did restart the sol, some said we didn't because there was no written agreement to pay the debt . . . i am confused. i also had two attorneys in my town interpret the statute differently - who is correct? the statute is

27-2-202. thank you for your help ;)

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The Sec. of State should know the answer to this! In general if the SOL has already expired on a debt, making a payment will not restart the process. If the SOL has not expired, making a payment will in most states restart the SOL. This should be basic common law knowledge on the part of your state's officials. Whether or not you're entitled to return of the $100 would be another issue. Unless there is a quirk in the law of your state, you should be in the clear!

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