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Payment after chargeoff extending SOL


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GA Statute Code 9-3-26 says SOL for open accounts is 4 years. Ga UCC codes are 4 years SOL on store credit accounts.

Other Pertaining GA Codes are:


A new promise, in order to renew a right of action already barred or to constitute a point from which the limitation shall commence running on a right to action not yet barred, shall be in writing, either in the party's own handwriting or subscribed by him or someone authorized by him.


A payment entered upon a written evidence of debt by the debtor or upon any other written acknowledgement of the existing liability shall be equivalent to a new promise to pay.


A new promise shall revive or extend the original liabilty; it shall not create a new one.

Am I understanding this correctly in that a PAYMENT, made on a defaulted store credit card account at the 180 day late mark, MUST BE accompanied by WRITTEN agreement or promise to pay or written acknowlegement of debt liability BY THE DEBTOR in order to extend or revive the SOL or accrural of right to action?

With one particular account in question, the OC accepted additional payments on the defaulted account (180 days late) WITHOUT any accompanying written agreements, and the OC did Not return the account to an open, current, USEABLE status. The account balance continued to escalate after the 180 day late balance despite continued payments on a closed account. The closed account was transfered to or purchased by (not sure which) another lender who continued to escalate the account balance despite additional payments (for about a year) untill all payments were stopped and the account went 180 days late again and was charged off again.

The 2nd OC used assigned CAs attempting to collect for 2 years without adding additional fees or interest, etc. to the 2nd chargeoff $$$ balance amount.

The account has now apparently been purchased by a JDB that is attempting to collect and has begun adding additional $$$ amounts to the chargeoff balance for unknown reasons.

Older CRs show the account as charged off as of 1998 (for several years up untill 2003), in 2003 the second lender reaged the CRs to show charge off in 2002 (while the account was with assigned CAs).

Which SOL or accrural of right to action date would legally apply here?

Any opinions, advice, suggestions appreciated....

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Thanks Reformed Attny.....payment by check extends SOL after default.

So,... that may possibly rule out an SOL Defense for a while, but what about the JDB.? Will asking for validation of the alleged debt from the JDB give any indications of What IS the real status of the account.?

What gives the JDB legal right to add increases/charges to purchased defaulted accounts that have not accrued additional balance increases for the past 2 years?

Thanks for your input......Houdi

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