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Does agreeing to make a payment verbally over the phone....


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Does agreeing to make a payment verbally over the phone to a Collection Agency, restart the statute of limitations?  I am in the State of Georgia.  

 

For example, if I tell a collector that I will not have any funds until Friday, and if he calls me back them I will pay him $200.00.  If I fail to make that payment because the debt is already passed it SOL, did I restart it by agreeing to make a payment?

 

Please Advise....

 

 

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GA Code

 

§ 9-3-110.  New promise to be in writing

A new promise, in order to renew a right of action already barred or to constitute a point from which the limitation shall commence running on a right of action not yet barred, shall be in writing, either in the party's own handwriting or subscribed by him or someone authorized by him.

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GA Code

 

§ 9-3-110.  New promise to be in writing

A new promise, in order to renew a right of action already barred or to constitute a point from which the limitation shall commence running on a right of action not yet barred, shall be in writing, either in the party's own handwriting or subscribed by him or someone authorized by him.

 

 

Even better ........

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Thanks for help everyone.  Just one more question and I may be over thinking the situation.  Does making the promise to pay over the phone to the CA start an oral contract thus now giving them four years as the SOL for oral contracts is 4 years in GA.  

 

Again, I am sorry that I may be over thinking this, but I want to make sure I didn't do something that I will regret.  

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Thanks for help everyone.  Just one more question and I may be over thinking the situation.  Does making the promise to pay over the phone to the CA start an oral contract thus now giving them four years as the SOL for oral contracts is 4 years in GA.  

 

Again, I am sorry that I may be over thinking this, but I want to make sure I didn't do something that I will regret.

Read post #4 again.

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