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Should I wait??

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gdale6
Moderator Emeritus

Re: Should I wait??


@Anonymous wrote:

okay good to know. so a PFD, as long as I explicitly state i am not admitting that the debt is mine, will NOT reset the SOL either, correct?

 

and what would you guys do in terms of waiting or not?


In view of my clarity now being questioned on this in the state of NY, you can read the article I posted on this subject it may be best if you got a legal opinion on this from a consumer lawyer who practices in NY. I interpret that a PFD could in fact reset the SOL as well as a payment. If this is to go to SOL next year I think I might just wait and see what their offer it to settle the account in full. A tough call on this one.

Message 11 of 15
gdale6
Moderator Emeritus

Re: Should I wait??


@Imperfectfuture wrote:
So basically, a physical payment starts the clock over, but phone conversations do not.

It appears in certain circumstances a payment can reset the clock in the state of NY, this in no way applies to anything in the state of WA.

Message 12 of 15
Imperfectfuture
Super Contributor

Re: Should I wait??


@gdale6 wrote:

@Imperfectfuture wrote:
So basically, a physical payment starts the clock over, but phone conversations do not.

It appears in certain circumstances a payment can reset the clock in the state of NY, this in no way applies to anything in the state of WA.


Actually, this started off as admitting to owing the debt.  The physical payment applies in all states.

 

however, if you get a written agreement from collector to PFD for full payment WHILE in SOL, then no problem.  If wait till after SOL, can pay less.

 

i have settled in full for delete while in SOL.  Partial payment can reset.  After SOL, I just waited the year out.

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Message 13 of 15
gdale6
Moderator Emeritus

Re: Should I wait??


@Imperfectfuture wrote:

@gdale6 wrote:

@Imperfectfuture wrote:
So basically, a physical payment starts the clock over, but phone conversations do not.

It appears in certain circumstances a payment can reset the clock in the state of NY, this in no way applies to anything in the state of WA.


Actually, this started off as admitting to owing the debt.  The physical payment applies in all states.

 

however, if you get a written agreement from collector to PFD for full payment WHILE in SOL, then no problem.  If wait till after SOL, can pay less.

 

i have settled in full for delete while in SOL.  Partial payment can reset.  After SOL, I just waited the year out.


Well yes if you settle for the full amount (PFD) in SOL then there is nothing to reset as there is 0 remainder being written off. If one is trying to get it deleted then one would normally offer an in full deal for that, its pretty hard to get them to remove it if you are trying to give them less than the full balance. A PFD for the full balance owed would not then trigger an SOL reset.

Message 14 of 15
Anonymous
Not applicable

Re: Should I wait??

thank you @gdale! i will definitely do more research and ask an attorney friend before i make anymore. i will update this poste as soon as i find out for anyone who is still interested.

Message 15 of 15
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