topic Re: did I restart the clock? in Rebuilding Your Credit

did I restart the clock?

Anonymous — Tue, 09 Mar 2010 21:47:26 GMT

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

Re: did I restart the clock?

Anonymous — Tue, 09 Mar 2010 21:54:14 GMT

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?

Re: did I restart the clock?

Anonymous — Wed, 10 Mar 2010 02:12:28 GMT

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?

Re: did I restart the clock?

Anonymous — Wed, 10 Mar 2010 04:05:01 GMT

@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.

Re: did I restart the clock?

RobertEG — Wed, 10 Mar 2010 06:31:13 GMT

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."

Re: did I restart the clock?

Anonymous — Wed, 10 Mar 2010 06:48:58 GMT

@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."

Re: did I restart the clock?

Anonymous — Wed, 10 Mar 2010 16:50:32 GMT

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

Re: did I restart the clock?

Anonymous — Wed, 10 Mar 2010 16:52:00 GMT

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