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Kansas statute of limitations

Date: Wed, 07/29/2009 - 23:07

Submitted by anonymous
on Wed, 07/29/2009 - 23:07

Posts: 202330 Credits: [Donate]

Total Replies: 3


Hello,

My wife got a call a few days ago from National Action Financial Services saying she owes about 3,000 in CC debt. I asked her about this and she said she had a credit card in college that she did not pay. :shock:

I could get into her many debt problems, but I am not going to talk about that here. Lets just say that she sucks at money. Anyway, I had a credit report that I had pulled a few weeks ago and it is not on there. Not surprising as she finished college in 2001.

Anyway, I had her call and told her NOT to admit the debt or promise to repay. She asked about when this debt occurred and the guy said it did not matter she needs to pay. When she said it was past the statute of limitations (from this website I saw it was 3 years) he stumbled for a minute and then said she made a payment in 2006. She did not work in 2006 and found that highly unlikely. When she said she did not think that was correct, she was told FINE and he hung up on her.

Before I send the SOL letter I would like your help. I read the statute that was linked from another site. I don't understand it. Can anyone point out where it says that open ended accounts end in 3 years? Here is the statute 84-3-118, you have to put it in the Kansas legislature site. I would post the link but it won't let me.

It is not long, I just don't understand how someone can get 3 years from it...

Also, I was reading on another site (creditinfocenter.com)

Quote:
Some states have laws which specify that a partial payment does not restart the clock on the SOL, unless there is a new written promise to pay. What that means is that you actually write out a new agreement with the original creditor and/or collection agency. If you live in one of these states, simply sending in a check doesn't restart the clock. The statute of limitations is only extended by new written promise to pay in these states:

Arizona, California, Florida, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New York, Texas, Virginia, West Virgina, Wisconsin.


I would like to know if this information is correct just in case she did make a payment in 2006.

Thanks in advance for your help. I plan on paying this debt (along with her tax lien and a lot of other debts :evil:, and that is on top of the $7,000+ that I have already paid) However, I will work it out with the original creditor in due time. I am not going to pay National Action Financial Services.


Hello,

(Remove the added space in all the websites mentioned.)

Collection accounts are 3 year SOL.
"http://law.findlaw.com/state-laws/civil-statute-of-limitations/kansas/"

A written agreement, promise, or contract SOL is 5 years.
"http://www.kslegislature.org/legsrv-statutes/getStatute.do?number=23921"

The 3 year SOL is for oral agreements:
"http://www.kslegislature.org/legsrv-statutes/getStatute.do?number=23922"

A payment DOES NOT reset the SOL in Kansas, there must be a written acknowledgment of the debt and your willingness to pay it:
"http://www.kslegislature.org/legsrv-statutes/getStatute.do?number=23934"

Send them a Cease & Desist letter, certified Mail, Return Receipt Requested.


lrhall41

Submitted by Chrys Henderson on Wed, 07/29/2009 - 23:43

( Posts: 2538 | Credits: )