speaking with a CA reset SOL

[Anonymous]

Good morning,

 I have conflicting responses from different websites Ive looked at. Does talking to a CA reset the SOL on a collection? I read it does then I read it doesnt. Just need claryfication.

[Anonymous]

Urban Legend!!

[Anonymous]

Thank you,

Is it better practice to talk over the phone first then send a PFD or just send a PFD?

[Anonymous]

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@Anonymous wrote:

Thank you,

Is it better practice to talk over the phone first then send a PFD or just send a PFD?

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Depends on you and how good you are at oral negotiations.

[RobertEG]

Whether or not your SOL has expired is a determination that can only be made by a judge, based on a comparison of the facts of your situation applied to your state SOL statute.  You will get different determinations based on differences in state SOL provisions and different facts as to what was said to the debt collector.

An example would be a state SOL statute that says a firm agreement to pay against the debt resets the SOL, and a showing that you verbally agreed to a firm payment plan.

If you dont agree to the validity of the debt, and are simply negotiating by suggesting terms, that is not a firm oral contract.

You are getting different answers because..... it depends.

[gdtobefree]

Paper trail paper trail paper trail. Can you prove a verbal agreement? Will a verbal agreement hold up in court if it goes to court?  

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[gdale6]

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@gdtobefree wrote:

Paper trail paper trail paper trail. Can you prove a verbal agreement? Will a verbal agreement hold up in court if it goes to court?  

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Paper trail is the gold standard but a verbal agreement can also be enforced and especially so if its recorded.

[Anonymous]

If it were me I'd do everything over the phone, I've never sent a written pfd, but I know the general rule is to avoid phone contact

[Anonymous]

I just got off the phone (a 30 min convo) with Credit services for Navient spin off from Salie Mae, for one of my private loans that I had defaulted in the amount of 8K. She kept going on about what she can do for me but of course none of them sat well so I asked her to ask her boss if they would accept 2k now and 2k Jan 15 as a settlement for them to delete the whole TL from all three bureaus. She says she will call me back in 10. She calls me back and says its a go. I stated that before I make any payments I am going to need this in writing. She says they will send out the agreement and I should have that in 10business days. This almost seems too good to be true. So now I will sit and wait.

Mind you that this account has switched 4 times since I was deliquent. Do you think I did good? or should I have validated first? Now Im not so sure since Im thinking about it.

[gdale6]

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@Anonymous wrote:

I just got off the phone (a 30 min convo) with Credit services for Navient spin off from Salie Mae, for one of my private loans that I had defaulted in the amount of 8K. She kept going on about what she can do for me but of course none of them sat well so I asked her to ask her boss if they would accept 2k now and 2k Jan 15 as a settlement for them to delete the whole TL from all three bureaus. She says she will call me back in 10. She calls me back and says its a go. I stated that before I make any payments I am going to need this in writing. She says they will send out the agreement and I should have that in 10business days. This almost seems too good to be true. So now I will sit and wait.

Mind you that this account has switched 4 times since I was deliquent. Do you think I did good? or should I have validated first? Now Im not so sure since Im thinking about it.

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If you know its yours you did good and are going to get it in writing. Do not back out and try to DV now you will most likely lose any goodwill they are giving you.