Re: jim10101 - SOL and partial payments
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Posted by WHY CHAT (209.240.198.61) on April 11, 2003 at 16:23:42:
In Reply to: Re: jim10101 - SOL and partial payments posted by jm10101 on April 11, 2003 at 15:55:38:
I do not wish to get into another "flame war" with "lawguy" -especially since the constant citations of caselaw that IMO has no bearing on the subject is not helpful. I prefer to look to existing State statutes for clearly defined and easily cited laws. For example; In Mass. (which I beleve ws the subject of the original post) The statute which immediately follows the one requiring a NEW contract for the SOL to be re-aged, (and is on the Mass. page on my website) is:
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CHAPTER 260. LIMITATION OF ACTIONS.
Chapter 260: Section 14. Part payment; effect.
Section 14. The preceding section shall not alter or impair the effect of a payment of principal or interest made by any person;
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but no endorsement or memorandum of any such payment, written or made upon a promissory note, bill of exchange or other writing by or on behalf of the party to whom such payment has been or purports to have been made, shall be sufficient proof of the payment to take the case out of the provisions of this chapter.
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This clearly and unequivically states that a partial payment does NOT re-age the SOL.
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