Re: SOL and paying off debt

Posted by Warren on November 05, 2001 at 20:24:19:

In Reply to: Re: SOL and paying off debt posted by MR ALAN on November 03, 2001 at 22:07:23:

I live in California and have posted a couple of messages concerning the SOL and a Sears account that I had. They filed suit against me about 4 years and 1 month past the initial breach of the "open book" account (this is California terminology). I made subsequent payments but never brought the account current. They sued me in Superior Court for $2900.00.

The amount was so small that it did not warrant hiring an attorney. I spoke with the attorney for Sears who insisted that I had restarted the SOL with the payments (something that others here agreed with). However, one attorney who posts here sent me a reference to case law by the Court of Appeals that clearly establishes that the SOL starts with the initial breach. Of course I did not tell the Sears lawyer about this, but I stood my ground about my defense.

I showed up in court this morning to discover that Sears decided to dismiss their complaint against me, without prejudice. No reasons are needed for them to do this, and none were given.

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