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Do payments extend the statute of limitations?
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Posted by Jeanne W.
on April 05, 2001 at 11:18:48:
I live in California and I defaulted on a credit card
4 1/2 years ago. I was contacted by a collection agency last October regarding
the account and I agreed to make four payments,which I
made, but it was very difficult because they required
such a large minimum payment. Since then the SOL has run
out and I have advised the collection agency of this but they
are claiming that since I made some payments I have
extended the SOL. They have sent me case law stating
that but the case law refers to a promissory note, not an
open account. Is a promissory note the same as an open
account in California? Can a few payments extend the SOL?
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