Sorry for the blank post. I have been receiving calls and letter from ER Solutions for an account from Washington Mutual that was over-drawn and closed in the year 2000. I created the account in and currently live in California so the statute of limitations is 4 years. They had been pestering my family for a while because they didn't want to give them my info, but they recently got my contact information and started calling me. I told them that the statute of limitations had expired and that they should stop calling me. They asked towards the end of the call if they could just should note that I refused to pay, I said "sure". Now I'm worried that by me acknowledging the debt that I restarted the clock on the SOL. From what I've read California bases the the start date of the statute of limitations as the date at which the account is last paid for and doesn't have any specific regulations regarding restarting the clock when a debt is acknowledged, in writing or verbally. Is this the true? I am aware that they can still sue but the suit would be dismissed if I bring up the SOL. I however don't have proof of the date of last payment, and currently in my credit report it is listing September 2003 as the open date. I am assuming that this is the date that the collection agency bought the debt from Washington Mutual. Basically my question is should I be worried about losing a lawsuit and just pay these bottom feeders, or wait until they sue me and bring up the SOL with not proof? From now on I will just answer the phone and say nothing but, "the statute of limitations has expired, please stop calling me".
