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Hi, I've tried to find an answer to this but search results haven't helped much. I'm trying to settle 2 debts with Portfolio Recovery. One is $1,050 and the other is $814. Both are 3+ years old, so past the SOL in AZ. They're offer was a little over $900 for both which I think I can get down, but my issue was this. I said I needed an offer letter sent to me before I pay and that's when I started getting confused. First they said they don't do that without paying something first, which I refused as I'm pretty sure that resets the SOL. Then they said they could have their manager email me an offer which I haven't received yet. My question, is a settlement offer sent through email proof enough of the offer or does it have to be a physical letter? And help is greatly appreciated. Thank you so much!
Email is fine, but with PRA, they're actually good about deleting their collection once paid/settled. Unless you're referring to the dollar amount, in which case, yes, I'd wait for that email.
I'm not sure about the SOL. But I can tell you that I've settled with Portfolio recently without a letter. I called and paid over the phone with the representative. 30 days later the collection account was deleted from my credit report.
They have a stated policy that they will not reset the sol so don't worry about that. I had no problem with getting them to send me an email confirming the last agreement to settle for less. But as long as it's in writing, it's enforceable.
Good luck
50% really isnt bad. Yeah most people want 30. PRS already goes against their agreement with the CRA's not to delete. But they do anyway. Letters dont go out with them much at all. Your lucky it is with them. Or you'd be stuck for the entire 7 yr period. Look at it this way. Your paying to be out of debt with a CA and a score rise.
What is the nature of the debts? Credit card debts have a 6-year SOL in AZ.
@vntrsc wrote:What is the nature of the debts? Credit card debts have a 6-year SOL in AZ.
Its 3 years on CC debt.
@FireMedic1 wrote:
@vntrsc wrote:What is the nature of the debts? Credit card debts have a 6-year SOL in AZ.
Its 3 years on CC debt.
AZ amended §12-548 around 2011 or 2012 to include credit cards in the 6-year SOL.
12-548. Contract in writing for debt; six year limitation; choice of law
A. An action for debt shall be commenced and prosecuted within six years after the cause of action accrues, and not afterward, if the indebtedness is evidenced by or founded on either of the following:
1. A contract in writing that is executed in this state.
2. A credit card as defined in section 13-2101, paragraph 3, subdivision (a).
https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/12/00548.htm
See also Mertola, LLC v. Santos - AZ Supreme Court, 2018
"Mertola, LLC, sued Alberto Santos and his wife Arlene Santos (collectively, "Santos") to collect an outstanding credit-card debt."
"Mertola's claim was barred by the statute of limitations six years after that date pursuant to A.R.S. § 12-548(A)(2)."
@gtnitright wrote:I'm not sure about the SOL. But I can tell you that I've settled with Portfolio recently without a letter. I called and paid over the phone with the representative. 30 days later the collection account was deleted from my credit report.
If you make a payment ..then don't pay full amount agreed ...the SOL can/will be reset
@7774x wrote:
@gtnitright wrote:I'm not sure about the SOL. But I can tell you that I've settled with Portfolio recently without a letter. I called and paid over the phone with the representative. 30 days later the collection account was deleted from my credit report.
If you make a payment ..then don't pay full amount agreed ...the SOL can/will be reset
You're only referring to resetting the SOL for collection, correct? You're not referring to resetting or extending the 7-year credit reporting period?