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Re: i did NOT say making a payment started a new SOL


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Posted by computerguy (204.180.131.3) on May 27, 2004 at 16:02:40:

In Reply to: Re: i did NOT say making a payment started a new SOL posted by Why Chat on May 27, 2004 at 15:05:26:

Did you see a restrictive endorsement on my example letter? The answer is no! There was no check sent. A postal money order is sent with no endorsment whatsoever. I accepted their offer for value and returned their offer with my offer which is a counter offer with the whole contract layed out and the accounting done for them via letter form. Nothing is restrictive on the letter. If they cash the money order and I hear nothing from them then this is a new contract, whether they like it or not. When I continue my payments every month via a letter with the accounting done for them along with a postal money order and they cash it then they are continuing to contract. If they default and try taking me to court they will not be able to prevail because they can not prove it is not a new contract. If they default I will make an offer to settle for $25. No matter what their going to lose the battle.


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