Anonymous Posted August 27, 2002 Report Share Posted August 27, 2002 My DH has a medical collection on his credit reports. This nov. it will be seven years and will be removed from his reports. My question is will a partial pymt restart the clock as far as the SOL is concerned? Three partial pymts were made two in 1997 and one in Oct. 1998. I have read that in different states the answer could be yes in others no. What is the correct answer for California? Where is it found in the codes? I can't find it showing that it re-starts the clock. Please help. Link to comment Share on other sites More sharing options...
admin Posted August 27, 2002 Report Share Posted August 27, 2002 Yes, it will restart the clock. Link to comment Share on other sites More sharing options...
Anonymous Posted August 28, 2002 Author Report Share Posted August 28, 2002 I just re-read the SOL code for California. I still do not see where it would restart the clock. Could you please direct me to the right section. It is my understanding it depends on the state your debt occured in. Link to comment Share on other sites More sharing options...
admin Posted August 28, 2002 Report Share Posted August 28, 2002 You are right. I stand corrected. (I love learning new stuff.) [Edit by admin on Wednesday, August 28, 2002 @ 08:18 AM] Link to comment Share on other sites More sharing options...
Anonymous Posted August 28, 2002 Author Report Share Posted August 28, 2002 Love this site.Could you please refer me to taht site so I can see what the rules are for sol in NY?I paid a few times on a debt from 7 yrs ago but never caught up or brought the account up to date.Thanks in advance. Link to comment Share on other sites More sharing options...
admin Posted August 28, 2002 Report Share Posted August 28, 2002 I don't know. You could search using google or yahoo, that's how I usually do it. Link to comment Share on other sites More sharing options...
Niner849 Posted August 28, 2002 Report Share Posted August 28, 2002 <blockquote>Originally posted by !cj!I just re-read the SOL code for California. I still do not see where it would restart the clock. Could you please direct me to the right section. It is my understanding it depends on the state your debt occured in.</blockquote>I'm in California too. Could you please post that link? I think it would be very helpful for the other people that live in California as well.Thanks,Andi Link to comment Share on other sites More sharing options...
Morgan Posted August 28, 2002 Report Share Posted August 28, 2002 I have a question regarding this. If it's based on the state where you incurred the debt, what would happen if you had moved many times, thus acquiring the debt in many states? Is it just the state where you currently reside? Link to comment Share on other sites More sharing options...
admin Posted August 29, 2002 Report Share Posted August 29, 2002 I believe it's where you originated the debt, but this seems to be fuzzy, also. I've read several conflicting things. Link to comment Share on other sites More sharing options...
Anonymous Posted August 29, 2002 Author Report Share Posted August 29, 2002 You can look up the SOL for California at Lawdog. Its found at CCP (civil procedure) section 337. Is California Lawyer out there? Do you know of any case law that shows that making a payment extends the date of when the SOL begins to run? Link to comment Share on other sites More sharing options...
calawyer Posted August 31, 2002 Report Share Posted August 31, 2002 Under California Code of Civil Procedure section 360, payment on a promissory notes "restarts" the SOL as long as it has not expired. Link to comment Share on other sites More sharing options...
Anonymous Posted August 31, 2002 Author Report Share Posted August 31, 2002 Thanks calawyer, I was afraid that is what I did. Next thought, I think in reality this is on the wrong persons credit report. I had work done on my teeth, not my husband. The whole amount of the bill is really mine. At the time I was a full time mom, so I put that my husband was responsible for my bill. He never signed anything, so if they sue will they sue the wrong person? Or does Calif. look at it different because we are a community property state. Already they have violated the FCRA for re-aging account and not putting dispute notification, the FDCPA for continued collection activity (Cass opinion letter), and charging for validation (Krisor opinion letter). I also so read there is a Calif. law that mentions that they have to put the dispute notation on the credit report. Link to comment Share on other sites More sharing options...
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