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SOL question in NJ

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Breakthecycle2
Established Contributor

SOL question in NJ

I have an issue I need some clarification on. I really can't get into the"actual" story for personal reasons, but the premise is the same. Here goes:

 

A family member ended up paying two and half thousand dollars to a creditor on my behalf about 5 years ago. I truly had no idea that this had happened. Never heard a word about it (we do not get along obviously). Fast forward to this month.She contacts me and asks if i am willing to make payment arrangements. I say yes, but show me what documents you have. She has not given me anything. She has however, threatened me with lawsuits and everything else you can think of. I will not agree to pay without proof, but she seems deadset on collecting, which is fine and i already stated I will accept the payment arrangements if I see the proof. Are there SOL on something like this? If so, what are my rights?


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llecs
Moderator Emeritus

Re: SOL question in NJ

First off, differentiate SOL with collectability. Even if SOL expired, a creditor (OC/CA) can still try to collect. Decades can pass, they can still call you, write you and even try to sue you, though if SOL expired you'd have a defense. I have one debt that a CA (Arrow) is trying to collect on over 7 yrs after SOL expired.

 

You'd have to study your state's statutes very closely. In some states, if SOL expired, it expired. Nothing can restart the SOL. In some states, a payment can restart SOL. I recall one state where a 100 year old, very overdue library book was found and returned. SOL restarted and the library was trying to sue the family but had a tough time trying to figure out who to sue. In some states, like my VA, a written promise to pay can restart SOL. Finally, in others, a mere acknowledgement on the telephone can restart SOL. Never ever never talk to a CA. Never. I'd proceed on the assumption that SOL did restart if you acknowledged the debt. It's possible they recorded your telephone call.

 

Again, study those statutes. Look for the "Uniform commercial code" section within your state's laws.

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Breakthecycle2
Established Contributor

Re: SOL question in NJ

This is a family member looking to collect.

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RobertEG
Legendary Contributor

Re: SOL question in NJ

I would suggest you talk to an attorney.
I dont see that you ever had a meeting of the minds that would even constitute a legal contract, written or oral.
So what date would any SOL run from?
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