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01-18-2013 07:43 PM
I received a dunning in the mail from a CA and am considering my options. They provided an online log-in for my account, and I logged in using the account number they provided and the last 4 digits of my SSN. I then clicked that I understood it was an attempt to collect a debt, and I updated the mailing address they had on file for me. I was curious if the same settlement offer mentioned in the letter was available to pay online and clicked that I'd like to pay but couldn't pay the entire amount and would like to pay a settlement. It was actually quite bizarre in that it asked me several times if I agreed to a certain settlement amount, and when I didn't agree, it would offer me a lower amount to settle for. I didn't agree to any of the amounts as none were as low as the settlement offered in the dunning letter.
Did I reset the SOL? I live in a state where the SOL can only be extended with a written new promise to pay. I'm guessing this online activity doesn't count as a written promise to pay?
01-18-2013 07:52 PM
01-18-2013 08:05 PM
Thanks for your message. What I clicked was, "No" in response to "You currently owe X. Can you pay this in full now?" On the next screen, I clicked, "I cannot afford to pay the balance in full, but I would like to negotiate a settlement that I can afford" to see if I could pay the settlement they had offered in the dunning through the website.
Those questions sound like what you said, though I didn't explcitly agree to owing the debt, and I never agreed to any of the settlements they offered.
01-19-2013 07:56 AM
I think that you are fine, I wouldn't worry about it.
I concur, no promissory payment has been made.
01-19-2013 08:49 AM
In this new age of internet, "click on authorization" can constitute agreement, depending upon the circumstances, so I would not summarily conclude that "written" means pen to paper. Since you never accepted, I dont see a basis for any conclusion that you made a firm offer to pay. You were "negotiating" with no meeting of the minds.
Ultimately, their is only one party who can tell you if your SOL has expired or been reset, and that is the court who is hearing your SOL defense.
I highly doubt that they would assert reset based on a non-acceptance of offered terms.
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