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Settlement negotiation without restarting SOL

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House2021
Established Contributor

Settlement negotiation without restarting SOL

I would like to contact a creditor and make an offer to settle, I'm concerned that if I do, I will restart the statute of limitations. I'm in California and it's past the SOL but I'll still have it reported for 2 years unless I resolve it I've tried looking this up but everything is vague, does anyone know what the law says about this and/or can direct me to a website that addresses the laws about this? If I send them a letter that says I don't agree with this debt, but in the interest of resolving it, I would like to offer X percent in exchange for it being settled for less than the amount owed and listed on the credit report as such. If I do that, would I restart the statute of limitations? My concern is they will reject my offer then sue me for the whole balance, which is quite a lot. (By the way, they won't do PFD) 

Message 1 of 7
6 REPLIES 6
gdale6
Moderator Emeritus

Re: Settlement negotiation without restarting SOL

Message 2 of 7
House2021
Established Contributor

Re: Settlement negotiation without restarting SOL

Thank you! So it sounds like it would be safe to make an offer? Such as I don't agree with the validity of this debt, but in an effort to bring this to a resolution I would like to offer $1700 in exchange for the credit report to be updated to settled as agreed or settled for less than the amount owed and balance updating to $0? If the offer is not agreed upon, the offer is void/revoked. Do you think that would be okay?

Message 3 of 7
gdale6
Moderator Emeritus

Re: Settlement negotiation without restarting SOL


@House2021 wrote:

Thank you! So it sounds like it would be safe to make an offer? Such as I don't agree with the validity of this debt, but in an effort to bring this to a resolution I would like to offer $1700 in exchange for the credit report to be updated to settled as agreed or settled for less than the amount owed and balance updating to $0? If the offer is not agreed upon, the offer is void/revoked. Do you think that would be okay?


IMO it would be

Message 4 of 7
Emoneymayne
Established Member

Re: Settlement negotiation without restarting SOL

Any update on the settlement?

Message 5 of 7
fairydust_1
Member

Re: Settlement negotiation without restarting SOL

@House2021 wrote:

Thank you! So it sounds like it would be safe to make an offer? Such as I don't agree with the validity of this debt, but in an effort to bring this to a resolution I would like to offer $1700 in exchange for the credit report to be updated to settled as agreed or settled for less than the amount owed and balance updating to $0? If the offer is not agreed upon, the offer is void/revoked. Do you think that would be okay?

I have something similiar happening, except it's with SunRise Credit Services.  How did it work out? I hope it worked out in your favor.

 

 

 

Message 6 of 7
tnhomestead
Frequent Contributor

Re: Settlement negotiation without restarting SOL

I would always suggest calling an attorney and asking them. That way you know as best you can that your safe in your wording. Usually a letter to someone doesn't cost all that much if they draft it, and I have gotten a lot of free advice over the years one question at a time. Good luck

Message 7 of 7
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