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 Posted: Wed Mar 14, 2007 8:58 am Subject: does talking to the CA renew sol |
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oes just talking to the CA renew the SOL? Informing them that it is past the SOL and no longer on my credit report - no promise to pay - actually a refusal to pay based on the above and I asked for a DV letter (because of the amt) which she said she would send and I told her I would be sending a C&D letter. Do I have to wait for the DV letter first? b4 I send the C&D . She already had all the info of course with an inflated balance amt and the date she was giving me was over 7 years. and her final reply was so this is a refusal to pay? which I clearly stated yes due to the SOL and removal from my credit report. Thanks so much for your replies.
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sami_samiam
Joined: 11 Jul 2006
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| Posted: Wed Mar 14, 2007 11:31 am Subject: |
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No, talking to a CA does not reset the SOL clock. Making even a token payment, does.
Send a cease and desist letter, that disputes your knowledge of the debt, reminds them of the expiration of the SOL, and that revokes their ability to communicate with you in any form. Let them know you will take the necessary legal measures if they persist in trying to contact you. Make sure you send it return receipt.
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Morningstar
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| Posted: Wed Mar 14, 2007 4:06 pm Subject: |
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Another way by which SOL gets renewed is if you make a commitment on paying the debt. The conversation can be recorded and used for legal purpose. Just be aware of your rights when talking to a CA.
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trophy
Joined: 08 Feb 2007
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| Posted: Wed Mar 14, 2007 5:16 pm Subject: |
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sami- please be carefull when talking to a collection agency. They can take what you say as an admission of the debt. They have a way of asking about you making payments, and even stating something simple as I can't afford that, can get them going. I talked with an attorney about this once and he cautioned me about saying very little, if any over the phone.Good Luck..Karen 
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Bossy4455
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