techgoddess

Dumb SOL question

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A while back, I was told by one of the experts (don't remember which one) that paying a CA doesn't reset the SOL (only paying the OC does.) I just got a letter from the bozos hired by RMA (who I've already shot down and I've got proof that they cancelled the account) saying that I owe them money still. Back in June (before I got rid of RMA) I sent a validation letter and they ignored it. I called the guy and basically yelled at him for ignoring my letter and informed him that I've got a letter from RMA saying that they cancelled the debt because it was passed the SOL. He starts telling me that I reset the SOL by paying them (back when I didn't know any better.) I told him that that's not true and I would sue him big time if they didn't stop sending me letters. Soooooo, now I need the actual verbage that says that paying the CA doesn't reset the SOL.

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339. Within two years: 1. An action upon a contract, obligation or

liability not founded upon an instrument of writing, except as

provided in Section 2725 of the Commercial Code or subdivision 2 of

Section 337 of this code; or an action founded upon a contract,

obligation or liability, evidenced by a certificate, or abstract or

guaranty of title of real property, or by a policy of title

insurance; provided, that the cause of action upon a contract,

obligation or liability evidenced by a certificate, or abstract or

guaranty of title of real property or policy of title insurance shall

not be deemed to have accrued until the discovery of the loss or

damage suffered by the aggrieved party thereunder.

2. An action against a sheriff or coroner upon a liability

incurred by the doing of an act in an official capacity and in virtue

of office, or by the omission of an official duty including the

nonpayment of money collected in the enforcement of a judgment.

3. An action based upon the rescission of a contract not in

writing. The time begins to run from the date upon which the facts

that entitle the aggrieved party to rescind occurred. Where the

ground for rescission is fraud or mistake, the time does not begin to

run until the discovery by the aggrieved party of the facts

constituting the fraud or mistake.

You could send them a letter under the penal code and see if that gets rid of them.

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