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Reset or not the SOL
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Posted by Reset or not the SOL (24.87.40.46) on March 06, 2004 at 01:24:12:
My question is regarding the reset of the the statute of limitations if the debtor makes a partial payment after the SOL expiry date.
The law says that the creditor can open a lawsuit but if the SOL date expired and the debtor mentions that in the court, the lawsuit by the creditor will be dismissed. The creditors are not automatically barred from opening a lawsuit for a debt with expired SOL date, but a simple mention of SOL expiry date by the debtor is sufficient and a "must" for the lawsuit to be dismissed by the judge. My question is that if the SOL date expired but the debtor made a partial payment to the collection agency after this expiry date, does this reset the SOL date? Can anyone send me the paragraph of the law that specificaly talks about this? I would like to get this by March 7th 2004 evening on the above e-mail address.
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