Negotiate without restarting SOL

[House2021]

I am trying to negotiate with creditors and send dispute letters regarding the amount owed. It is a time barred debt, the statute of limitations expired a year ago. How can I negotiate or dispute without acknowledging this is my debt? The. Last thing I want to do is get a lawsuit as a result of trying to get the amounts corrected or lowered. Also I want to send goodwill deletion letters on accounts I never paid, but I don't want to make them mad by denying it's mine. 

[simplegirl]

What state do you live in? Because i know for texas once the SOL expires nothing can reset it. Also as far as contacting them you can state that you are not acknowledging the debt you just want it taken care of and removed from your reports.

[vntrsc]

---

@simplegirl wrote:

What state do you live in? Because i know for texas once the SOL expires nothing can reset it. Also as far as contacting them you can state that you are not acknowledging the debt you just want it taken care of and removed from your reports.

---

Just a note: A debt in TX can be revived after the SOL has expired.   TX Civil Practice and Remedies Code.

Sec. 16.065. ACKNOWLEDGMENT OF CLAIM. An acknowledgment of the justness of a claim that appears to be barred by limitations is not admissible in evidence to defeat the law of limitations if made after the time that the claim is due unless the acknowledgment is in writing and is signed by the party to be charged.

[simplegirl]

---

@vntrsc wrote:

---

@simplegirl wrote:

What state do you live in? Because i know for texas once the SOL expires nothing can reset it. Also as far as contacting them you can state that you are not acknowledging the debt you just want it taken care of and removed from your reports.

---

Just a note: A debt in TX can be revived after the SOL has expired.   TX Civil Practice and Remedies Code.

Sec. 16.065. ACKNOWLEDGMENT OF CLAIM. An acknowledgment of the justness of a claim that appears to be barred by limitations is not admissible in evidence to defeat the law of limitations if made after the time that the claim is due unless the acknowledgment is in writing and is signed by the party to be charged.

---

Oh well guess I googled wrong but when I did I got this: 

• Section 16.004 of the Texas Civil Practice and Remedies Code

  The statute of limitations on debt in Texas is four years.
• Section 392.007 of the Texas Finance Code

  This section of the law, introduced in 2019, states that a payment on the debt (or any other activity) does not restart the clock on the statute of limitations. It also requires that debt buyers provide written notice to a consumer if the limitations period has expired

Thanks for letting me know.

[House2021]

I'm in California. Do those statutes apply nationwide or just Texas?

[vntrsc]

@simplegirl

I used to have the same assumption about my state until I actually read the right statute.  As far as I know, the only states in which a debt is extinguished once the SOL has passed are Mississippi and Wisconsin.  I believe it's true also in North Carolina but only if the debt was purchased by a debt buyer.  In that state, debt buyers aren't even supposed to attempt to collect a time-barred debt.  

[simplegirl]

---

@House2021 wrote:

I'm in California. Do those statutes apply nationwide or just Texas?

---

No I'm California it can be reset so just let them know you are not acknowledging the debt you just want to take care of it & have it removed. Or that you have no knowledge of the debt but you would like to get it taken care of. Or something along those lines.

[simplegirl]

@vntrsc  Yeah I know that a lot of this takes research but it looked like that was something done in 2019 and started September 1st of that year.

[gdale6]

https://www.courts.ca.gov/9618.htm

[CGeorge]

If the SOL has expired, do NOTHING. They cannot sue you. And in a lot of states, if you pay even one penny on a loan that has passed the SOL - the clock starts all over again! Once the SOL has passed - the debt is done, and gone. That's why we have laws like that. The SOL protects the debtor - and gives him a fresh start. And in many cases, even if you acknowledge a debt in writing, the time clock can start all over again. And debt holders do not get mad - there is no emotion in this - it is all business, and laws.