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Paying on SOL credit card debt! Didnt know


ElorraM
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I was served with papers for a credit card debt. I live in CA. I have started making payments. I did not know about the statue of limitations before I did this. IN CA it is 4 for revolving accounts and I knowit has been a lot more than 4 years since I first went delinquent.

Can I stop paying? Or does the fact that i made a payment reset the SOL (even though it has been charged off)?

Thanks!

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In the California Civil Code we find:

However, if the obligation sued upon constitutes an open book account, the statute of limitations begins to run from the date of the last entry on the account. Code of Civil Procedure § 337(2). But an open book account becomes closed, and the statute of limitations begins to run, once the account creditor ceases to extend credit on the account and there is no further activity on the account other than payment being made. RNC, Inc. v. Tsegeletos (1991) 231 Cal.App.3d 967, 972.

Is a credit card an "Open book account"?????

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Here's the definition - does this apply to credit cards???? Seems as tho` it should.........

California Code of Civil Procedure section 337a: The term "book account" means a detailed statement which

constitutes the principal record of one or more transactions between

a debtor and a creditor arising out of a contract or some fiduciary

relation, and shows the debits and credits in connection therewith,

and against whom and in favor of whom entries are made, is entered in

the regular course of business as conducted by such creditor or

fiduciary, and is kept in a reasonably permanent form and manner and

is (1) in a bound book, or (2) on a sheet or sheets fastened in a

book or to backing but detachable therefrom, or (3) on a card or

cards of a permanent character, or is kept in any other reasonably

permanent form and manner.

IF it does then say a credit card company stopped extending credit and your "available credit" was zero; the Statute of Limitations should start running when the CC company stopped extending credit. THAT would be a boon to all California residents !!!

WE NEED TO FIGURE OUT IF THIS WILL WORK.

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I am paying a CA as the debt was charged-off. i dont know anyhting more than it was a credit account. i was served with papers. I started paying to avoid a judgment.

I've been reading and I found this:

"If you were not aware of it, you should know each state has a statute of

limitations on time allowed to legally enforce a debt. If you have an

expired debt and you pay it or make a written promise to pay it, you have

just renewed that statute."

Does that mean I am SOL? :p

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