did I restart the clock?

Anonymous · ‎03-09-2010

account was charged off between 1999-2000. DRS has been harassing me for since 2002. They say that I agreed to pay them in October 2007. I don't remember this, but I may have said that. Since 2007, their notes show refusals to answer any questions. Did I restart the SOL clock? I want to send them a FOAD letter, but I don't want to mess myself up

mauve · ‎03-09-2010

My gut tells me that their notes alone will not hold up in court. Do you know what the rules are in your state about recording phone conversations?

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guiness56 · ‎03-09-2010

Restarting the SOL depends on the laws of your state. Sometimes any agreement to pay, a payment, a partial payment can restart the SOL.

What notes? Is this on your CR?

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Anonymous · ‎03-09-2010

@Anonymous wrote:
account was charged off between 1999-2000. DRS has been harassing me for since 2002. They say that I agreed to pay them in October 2007. I don't remember this, but I may have said that. Since 2007, their notes show refusals to answer any questions. Did I restart the SOL clock? I want to send them a FOAD letter, but I don't want to mess myself up

In what state are you in?

In those very few states where a commitment to pay or simply recognition of the debt restarts the SOL, generally it needs to be in writing. Otherwise it's a "he said, she said" situation and a CA's notes may or may not be enough to "prove" anything. It would depend on what weight the courts of your state give to "records kept in the course of a business."

I would always -- law permitting -- record a conversation with a CA or, better yet, never talk with them over the phone.

RobertEG · ‎03-09-2010

This definately wont mess up any SOL issues. Get them off your back, leaving them the only opition to sue you or leave you alone:

"This is notification to you under FDCPA 805(c) that I wish you to immediately cease all further communication with me in regard to the alleged debt upon which you have been seeking collection. That includes any written, telephonic, electronic, FAX, email or any communication whatsoever.

"This notification additionally extends, under FDCPA805(b), to any and all communication with any third party."

Anonymous · ‎03-09-2010

@RobertEG wrote:
This definately wont mess up any SOL issues. Get them off your back, leaving them the only opition to sue you or leave you alone:

"This is notification to you under FDCPA 805(c) that I wish you to immediately cease all further communication with me in regard to the alleged debt upon which you have been seeking collection. That includes any written, telephonic, electronic, FAX, email or any communication whatsoever.
"This notification additionally extends, under FDCPA805(b), to any and all communication with any third party."

Agreed ... so long as OPs state does not allow resetting the SOL for an oral promise to pay / oral acknowledgement of debt AND gives evidential weight to "records kept in the course of a business."

Anonymous · ‎03-10-2010

I'm in Florida. And the debt originated in Florida

Anonymous · ‎03-10-2010

sending it out certified return receipt TODAY!!! thanks, everybody