Debt settlement - Paid in Full

[ruverdu]

My husband has a CA after him for a debt we do not believe we owe. We have disputed the debt with the CA and all 3 CRA's. Finally to get them off our credit report I sent them a Debt settlement letter for 25% of the debt with a check marked "paid in full". They cashed the check on April 6th. When I contacted the CRA's to update my husbands account I found out the CA only reduced my debt. I have looked into Oregon State law and found that since I sent the check in good faith that the creditor must discharge the debt or return my money withen 90 days. Since they have already applied it to the balance I am assuming I won't be getting my money back. After consulting with an attorney I am fairly certain I am correctly interpreting the law but need to write a letter to the CA infroming them of there breach of the law. Problem is I have no idea how to word my letter, if I should request a Validation from them and if I can sue if they don't either settle the debt or return they money I sent. Please Advise.

[astiman]

I see this statement in your post:

"My husband has a CA after him for a debt we do not believe we owe."

Why in the WORLD would you send money to someone you don't owe it to, especially a CA?

Don't know about Oregon's laws, but I think you may have simply re-aged the TL and reset the SOL....not sure, though.....

[thomassl]

I see this statement in your post:

"My husband has a CA after him for a debt we do not believe we owe."

Why in the WORLD would you send money to someone you don't owe it to, especially a CA?

Don't know about Oregon's laws, but I think you may have simply re-aged the TL and reset the SOL....not sure, though.....

Oregon is one of the states in which a written promise to pay resets the SOL!