CarolinaBlueEyes Posted March 25, 2007 Report Share Posted March 25, 2007 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 relentlessBack 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 issuebut 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 More sharing options...
CarolinaBlueEyes Posted March 25, 2007 Author Report Share Posted March 25, 2007 come on... anybody??? Link to comment Share on other sites More sharing options...
divemedic Posted March 25, 2007 Report Share Posted March 25, 2007 A settlement offer is not normally considered to be a promise to pay. Link to comment Share on other sites More sharing options...
cjtx Posted March 25, 2007 Report Share Posted March 25, 2007 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 More sharing options...
CarolinaBlueEyes Posted March 25, 2007 Author Report Share Posted March 25, 2007 thank you both so much.. I was re-reading the statutes again and I was also getting that impression but I really wanted to get another voice... I am suprised how hard this question was to answer.. but the good news is I got all KINDS of case law in my head.again THANK YOU Link to comment Share on other sites More sharing options...
Tazjeepcj7 Posted March 26, 2007 Report Share Posted March 26, 2007 Check out Federal Rule of Evidence Rule # 408, Compromise and Offers to Compromise. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 26, 2007 Author Report Share Posted March 26, 2007 Check out Federal Rule of Evidence Rule # 408, Compromise and Offers to Compromise.thanks I read it four times.. but I guess its been a long day.. I am missing as how it pertains to the sol Link to comment Share on other sites More sharing options...
Tazjeepcj7 Posted March 27, 2007 Report Share Posted March 27, 2007 Ok, I wondered why there is a US Supreme Court case where an offer in compromise was used to reset the SOL...something else to discuss with your Washington contact... Link to comment Share on other sites More sharing options...
someonesomewhere Posted March 27, 2007 Report Share Posted March 27, 2007 Was your lawyer an NACA or MyFairDebt lawyer? If not, you might wanna contact one. They might have more "hunt" in 'em.http://myfairdebt.com/m/nchttp://www.naca.net/find-consumer-protection-attorneys/ Link to comment Share on other sites More sharing options...
Tazjeepcj7 Posted March 27, 2007 Report Share Posted March 27, 2007 Check out U.S. 11th Circuit Court of Appeals - US v BEGIN 97-3286. I thought I had seen where the US Supreme Court had ruled on this case but maybe I was having a nightmare... Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 28, 2007 Author Report Share Posted March 28, 2007 I have a NACA laywer Link to comment Share on other sites More sharing options...
someonesomewhere Posted March 28, 2007 Report Share Posted March 28, 2007 Found it in the 11th Circuit, and the citation is USA v. Kochhttp://www.ca11.uscourts.gov/opinions/ops/19973286.MAN.pdfhttp://www.ca11.uscourts.gov/opinions/ops/19973286.OPN.pdfDidn't see anywhere that the gumint sought to appeal it to the SCOTUS or that the SCOTUS had granted cert. Link to comment Share on other sites More sharing options...
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