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SOL has not expired--will a partial payment "toll" the statute in California

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ozgirl
Regular Contributor

SOL has not expired--will a partial payment "toll" the statute in California

Does anyone out there know the answer to this (for a California based debt)
I have been doing a lot of reading about dates of last activity etc...now I am wondering--if the SOL still has not run (should run out in early 2008) will a partial payment made now,prior to the expiration of the statute of limitations, effectively toll (restart) the statute or does the statute have to be expired before it can be restarted?

I ask this because I have a collection account which I am paying on which should have an original delinquency date of early 2004. I want to clear the debt but I don't want to mess up the statute. The debt is fairly large...how much do you think a CA paid for it?
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Anonymous
Not applicable

Re: SOL has not expired--will a partial payment "toll" the statute in California

California Statutes of Limitation

Written agreements: 4 years, calculated from the date of breach.

Oral agreements: 2 years.

The statute of limitation is stopped only if the debtor makes a payment on the account after the expiration of the applicable limitations period.

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