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Re: Why Chat ?
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Posted by Why Chat (209.240.222.130) on August 01, 2002 at 18:26:11:
In Reply to: Why Chat ? posted by E on August 01, 2002 at 17:39:04:
In answer to your question, you had a 3 year SOL on the repos. It was re-aged by the payments.
Here are the S.C. statutes that reference that effect.:
SECTION 15-3-120. Effect of new promises in writing or part payments.
No acknowledgment or promise shall be sufficient evidence of a new or continuing contract whereby to take the case out of the operation of this chapter unless it be contained in some writing signed by the party to be charged thereby.((((( But payment of any part of principal or interest is equivalent to a promise in writing. ))))))
SECTION 15-3-130. Suits on causes saved from bar of statute by part payment or written acknowledgment.
All actions upon causes of action which would be barred by the statute of limitations but for part payment or a written acknowledgment shall be brought on the original cause of action and the part payment or written acknowledgment shall be evidence to prevent the bar of the statute of limitations.
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