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Chase Charge off from 2011: PFD or Run Down the Clock?

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Anonymous
Not applicable

Re: Chase Charge off from 2011: PFD or Run Down the Clock?

Again, its the default that establishes the start of the SOL clock, not the signing of an agreement.

California requires a signed agreement before a new SOL clock can start.

A PDF offer itself does not constitute an agreement of any kind.
Message 11 of 15
Anonymous
Not applicable

Re: Chase Charge off from 2011: PFD or Run Down the Clock?


@Anonymous wrote:
Again, its the default that establishes the start of the SOL clock, not the signing of an agreement.

California requires a signed agreement before a new SOL clock can start.

A PDF offer itself does not constitute an agreement of any kind.

Hi Norman!

 

Quick question, is this the same in all states, that SOL is only reset if you defualt on a payment plan? I've been trying to find out the laws for resetting the SOL in my state, WA, but I'm only finding the standard 6 years etc.

 

Message 12 of 15
Anonymous
Not applicable

Re: Chase Charge off from 2011: PFD or Run Down the Clock?


@Anonymous wrote:

@Anonymous wrote:
Again, its the default that establishes the start of the SOL clock, not the signing of an agreement.

California requires a signed agreement before a new SOL clock can start.

A PDF offer itself does not constitute an agreement of any kind.

Hi Norman!

 

Quick question, is this the same in all states, that SOL is only reset if you defualt on a payment plan? I've been trying to find out the laws for resetting the SOL in my state, WA, but I'm only finding the standard 6 years etc.

 


Some states have laws that specifically address the establishment of a new SOL for a debt, like California, but most do not. The general rule is that if you enter into a repayment plan, and you miss a payment, then that will almost certainly establish a new SOL. I believe PA had a court case that set a precedent in that state that an acknowledgement of a debt "as a current obligation, such as is consistent with a promise to pay" is sufficient to establish a new SOL - provided of course one does NOT follow through on the promise. A good rule is to never make any promises you may not be able to keep.

 

In conversations and letters to CA, always refer to past SOL debts as "old time-barred debt that you are NOT legally obligated to pay".

Message 13 of 15
Anonymous
Not applicable

Re: Chase Charge off from 2011: PFD or Run Down the Clock?


@Anonymous wrote:

@Anonymous wrote:

@Anonymous wrote:
Again, its the default that establishes the start of the SOL clock, not the signing of an agreement.

California requires a signed agreement before a new SOL clock can start.

A PDF offer itself does not constitute an agreement of any kind.

Hi Norman!

 

Quick question, is this the same in all states, that SOL is only reset if you defualt on a payment plan? I've been trying to find out the laws for resetting the SOL in my state, WA, but I'm only finding the standard 6 years etc.

 


Some states have laws that specifically address the establishment of a new SOL for a debt, like California, but most do not. The general rule is that if you enter into a repayment plan, and you miss a payment, then that will almost certainly establish a new SOL. I believe PA had a court case that set a precedent in that state that an acknowledgement of a debt "as a current obligation, such as is consistent with a promise to pay" is sufficient to establish a new SOL - provided of course one does NOT follow through on the promise. A good rule is to never make any promises you may not be able to keep.

 

In conversations and letters to CA, always refer to past SOL debts as "old time-barred debt that you are NOT legally obligated to pay".


Thank you!

 

I set up a payment plan over the phone with a company called MRS that is working for Chase. Chase still owns the debt, and MRS doesn't report to the CRA's. If the SOL was reset I don't think it's a big deal because I'm hoping to pay the account in full when I get my tax return, but in the mean time I made sure my monthly payment was small enough that I'd be able to afford it even in a pinch. I just wanted to make sure I knew what I had gotten into lol

Message 14 of 15
Anonymous
Not applicable

Re: Chase Charge off from 2011: PFD or Run Down the Clock?


@Anonymous wrote:

@Anonymous wrote:

@Anonymous wrote:

@Anonymous wrote:
Again, its the default that establishes the start of the SOL clock, not the signing of an agreement.

California requires a signed agreement before a new SOL clock can start.

A PDF offer itself does not constitute an agreement of any kind.

Hi Norman!

 

Quick question, is this the same in all states, that SOL is only reset if you defualt on a payment plan? I've been trying to find out the laws for resetting the SOL in my state, WA, but I'm only finding the standard 6 years etc.

 


Some states have laws that specifically address the establishment of a new SOL for a debt, like California, but most do not. The general rule is that if you enter into a repayment plan, and you miss a payment, then that will almost certainly establish a new SOL. I believe PA had a court case that set a precedent in that state that an acknowledgement of a debt "as a current obligation, such as is consistent with a promise to pay" is sufficient to establish a new SOL - provided of course one does NOT follow through on the promise. A good rule is to never make any promises you may not be able to keep.

 

In conversations and letters to CA, always refer to past SOL debts as "old time-barred debt that you are NOT legally obligated to pay".


Thank you!

 

I set up a payment plan over the phone with a company called MRS that is working for Chase. Chase still owns the debt, and MRS doesn't report to the CRA's. If the SOL was reset I don't think it's a big deal because I'm hoping to pay the account in full when I get my tax return, but in the mean time I made sure my monthly payment was small enough that I'd be able to afford it even in a pinch. I just wanted to make sure I knew what I had gotten into lol


That is whats key. Keep it affordable and make sure you keep up on it. As I stressed earlier, its not making payments that triggers a new SOL, its the FAILURE to make those payments.

Message 15 of 15
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