Jump to content

Settlement letter/ SOL

Recommended Posts

okay I have been losing my mind about this all day and waiting for a response.. so I am throwing it out here.

I live in NC. in NC you have to have a promise in writing to toll an SOL. I have a case right now that is past the SOL.. the lawyer is relentless

Back before the SOL was up over a year ago my laywer back then suggested a settlement since they threatened to go to NAF.. he sent a settlement letter with terms and also requested copies of payments and other info in that letter.

the settlement was turned down flat and they said they would be in touch.. they never were.. and my laywer dropped the case since he could get nowhere

I started thinking about it today and i wondered.. since people try to settle all the time this shouldnt be an issue

but did the letter possibly toll the SOL? I have been reading about this for hours and am blind with case laws.. help... all I need to know is if my SOL is safe.

Our state statute reads as follow:

§ 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.)

To me this would mean I would only toll it AFTER the SOL has run, since this letter was sent a year before I can't imagine it would matter .. but I am obsessed with this answer.. again thanks

Link to comment
Share on other sites

as long as you didn't sign the settlement offer, you should be ok.

there is no promise to repay in writing, even if you were considering a settlement. I think any discussions during settlement negotiations are privileged and cannot be used against you at trial.

Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.