RNJ Posted July 16, 2013 Report Share Posted July 16, 2013 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.... Link to comment Share on other sites More sharing options...
Savoir Posted July 16, 2013 Report Share Posted July 16, 2013 Not to my knowledge. It is only restarted if you actually make that payment. 1 Link to comment Share on other sites More sharing options...
racecar Posted July 16, 2013 Report Share Posted July 16, 2013 No acknowledgment or promise is sufficient evidence of a new or continuing contract.Savoir is correct It is only restarted if you actually make that payment. Link to comment Share on other sites More sharing options...
BV80 Posted July 16, 2013 Report Share Posted July 16, 2013 GA Code § 9-3-110. New promise to be in writingA 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. Link to comment Share on other sites More sharing options...
Savoir Posted July 16, 2013 Report Share Posted July 16, 2013 GA Code § 9-3-110. New promise to be in writingA 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 ........ Link to comment Share on other sites More sharing options...
RNJ Posted July 17, 2013 Author Report Share Posted July 17, 2013 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. Link to comment Share on other sites More sharing options...
TomnTex Posted July 17, 2013 Report Share Posted July 17, 2013 You'r over thinking it. Slow down..... Link to comment Share on other sites More sharing options...
HotWheels96 Posted July 17, 2013 Report Share Posted July 17, 2013 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. Link to comment Share on other sites More sharing options...
RNJ Posted July 17, 2013 Author Report Share Posted July 17, 2013 hahaha, yes, I was over thinking it. Thanks for you help everyone. I feel at ease now. =) Link to comment Share on other sites More sharing options...
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