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Can't Sleep panicked~~


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I have a longer post regarding this but I just realized something.. when I called an attorney I used to pay an old Amex bill through (they never sued)- (which is out of the SOL now) could a conversation (if he recorded it and NC is a one party state.. Could that re-affirm that debt??) It was never paid off and went to another lawyer who I never heard from.

I in no way promised payments the entire conversation was basically

when I paid it last and we discussed the amount that was due and we I mentioned it was now out of SOL which he agreed).. geez did I back myself into some kind of corner??? (I am in NC) All the sudden Amex is calling

HELP I am wondering now

*** GOING CRAZY Searching on the net for this.. can't find a thing***

AFTER HOURS of panic I know have a question... I found this on our AG site but not sure if this pertains to my situation.. I sure could use some help.. * thanks

****

1‑26. New promise must be in writing.

No acknowledgment or promise is evidence of a new or continuing contract, from which the statutes of limitations run, unless it is contained in some writing signed by the party to be charged thereby; but this section does not alter the effect of any payment of principal or interest. (C.C.P., s. 51; Code, s. 172; Rev., s. 371; C.S., s. 416.)

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You must either agree to pay in writing or make a payment.

Here's the thing. Solicitation of acknowledgment of a time-barred debt is a violation of North Carolina Statute. Now, applying that to the Rules Of Evidence, the fruit of the poisonous tree doctrine seems to apply. Any evidence that would be gained as a result of an illegal act (the solicitation of acknowledgment) is tainted as well, and therefor not admissible.

You would almost have to walk up to the creditor without him asking, money in hand, and say "Here, I owe this". Give him the money or a letter saying you owe it and agree to pay.

That's what I remember from school anyway. Maybe R-A can confirm my interpretation.

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guys can you help me with this.. I am exhausted trying to figure this out.. thanks!

Calm down!! In most states as it says in the statute you found, reaffirming must be done in writing. Call your AG's office and ask to speak to one of their attorneys to make sure. Say that you saw it on the website. Most states including mine (WV) the promise must be in writing. In most states suits on money must have written, signed documentation. Even if the attorney that you spoke to recorded it (and I am not sure from your posts whether this was an attorney for them or one you hired) if it was your attorney, it's privileged, if their attorney, he'd have to prove it was actually you he spoke to.

Editing to include: It is entirely legal for Amex or their attorney to continue to call you unless NC has a statute of repose or repose by caselaw. I am not sure if they do or not. To get them to stop calling and writing send them a cease and desist letter if you are sure that the debt is OOS. If they file suit, you have an absolute defense in SOL if indeed the debt is SOL and you can prove that it is. Make doubly sure on that before you send a C&D letter.

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Thanks.. I admit it really worried me, you guys are a great help

I just spoke to the lawyer again this morning (I was trying to get written proof of the SOL) he said something interesting.. I asked him why he no longer had the case.. He informed me that he never represented AMEX but a collection agency, which went out of business

He said when the debt was sold to collection agency #2 he was told to forward the files to their lawyer, which he did and I of course had never heard from them. That as I stated was back in Dec of 2002. He then said if you have never heard from this lawyer(I have not) then he has no idea what became of my case. He was very nice about this, as he was in EVERY dealing I have ever had with since 2000.

I would like your thoughts on this...I mean he didnt have to disclose this information at all, I admit it was helpful

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Thanks.. I admit it really worried me, you guys are a great help

I just spoke to the lawyer again this morning (I was trying to get written proof of the SOL) he said something interesting.. I asked him why he no longer had the case.. He informed me that he never represented AMEX but a collection agency, which went out of business

He said when the debt was sold to collection agency #2 he was told to forward the files to their lawyer, which he did and I of course had never heard from them. That as I stated was back in Dec of 2002. He then said if you have never heard from this lawyer(I have not) then he has no idea what became of my case. He was very nice about this, as he was in EVERY dealing I have ever had with since 2000.

I would like your thoughts on this...I mean he didnt have to disclose this information at all, I admit it was helpful

Ok, you said AMEX was calling you. If AMEX sold it, they would not be calling. I would take what that lawyer said with several grains of salt. If the debt is SOL, call AMEX and ask them. Are they reporting on your CR? If so, what does the tradeline say?

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Well Amex sent me this "pay it and restore your credit letter" so it could be a fluke that they called after this went out. that is whenI contacted the payment lawyer.

Also it is not on any of my credit reports.. which is shocking but true...

After looking this up in NC statutes, you are NOT obligated in any way to pay AMEX as the attorney you spoke to cannot seek an affirmation of a debt without disclosing that you are not legally obligated to do so. If he does, then he is in serious trouble with the state bar should you file a complaint.

Did you have any agreement in writing when you were making the payments to the attorney or was it all done verbally? Just wanting to make sure you didn't convert a cc to a promissory note...

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Thanks Hannah!

I didn't , the agreement was all verbal.. I was not required to sign anything, nor did I.

I believe you are in the clear then. Send them a cease and desist letter. Tell them it is inconvenient for them to contact you by phone or mail at any time or place as the debt is SOL. It is legal for them to continue to try to collect unless you are in a state that forbids such action and I am not sure if NC is a state of repose or not. That is why you need to send the C&D or they will continue to bug you. Send it CMRRR and if you receive additional calls or letters then you have grounds to sue them for violations. They may however, send you a notice or call you one more time to inform you that you are being sued AFTER receiving the C&D. Some judges have ruled that telling you is legal contact, others have said no. If in the event they do sue you, answer using SOL as an affirmative defense with a motion to dismiss as the debt is time barred. There are also other affirmative defenses you can include. You could also countersue for them taking an action that cannot be legally taken as well as other violations.

Keep us posted on what happens.

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