ALONDRA

PLEASE HELP!!!

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I HAVE A CC THAT IS OVER THE SOL LIMITATIONS BUT THE OTHER I GOT A CALL FROM A LAWYER STATING THAT IF I COULD PAY THE DEBT WHICH WAS 8500.00 INCLUDING INTEREST AND THE WOULD SETTLE FOR 2400.00. I AGREED TO THAT. THEY HAVE ON RECORDING. WHAT I DID NOT REALIZE UNTIL AFTERWARDS WAS THE IT WAS PAST THE SOL LIMITATIONS. WHAT SHOULD I DO? SHOULD I JUST PUT A STOP PAY ON THE CHECK?

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ouch! you are double screwed on this one!

Did you get the agreement in writing? 99% of "lawyers" collecting on debts are nothing more than CAs lying to you. If you did not get the agreement in writing you have a big problem. You have made a payment. That will reset the SOL and they can sue you for the rest!

If you put a stop payment on the check you could open up another can of worms. You need to check the consequences in your state law!

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yes put stop payment on the check. And call them up and tell them why, because its time-barred. If they dont like it, tell them to come get some.

However if it does bounce, again it comes down to state law, but you may have a defence that you just relized it was past SOL.

You might be screwed though.

Im no lawer so do it at your own risk.

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With $8,500 involved, I'd go talk to an attorney TODAY and find out what you can and can't legally do at this point.

Stopping payment on a check for that amount could be a serious crime in your state. You may also have legally re-affirmed the debt and started the SOL clock over again which means if you back out of the payment now they can come after you an you no longer have the SOL defense.

Bottom line is, you need better than free advice at this point.

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I HAVE PUT A STOP PYMT ON THE CHECK. I LIVE IN THE STATE OF TEXAS. ACCORDING TO THE TEXAS CIVIL CODES:

ยง 16.065. ACKNOWLEDGMENT OF CLAIM. An acknowledgment of

the justness of a claim that appears to be barred by limitations is

not admissible in evidence to defeat the law of limitations if made

after the time that the claim is due unless the acknowledgment is in

writing and is signed by the party to be charged.

EVEN THOUGH THEY DO HAVE ME ON RECORDING THEY DON'T HAVE ANYTHING IN WRITING AND IT DOESN'T RESTART THE SOL. I WILL KEEP YOU POSTED ON WHAT HAPPENS. THANKS FOR EVERYONE'S ADVICE. THEY AGREED FOR 2400.00 AND NOT 8500.00. EVEN IF THEY DO TRY TO GET A JUDGEMENT THEY CAN'T GARNISH MY WAGES HERE IN TX AND I ONLY GET SSI SO REALLY THERE IS NOT MUCH THEY CAN DO TO ME.

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