Re: What next? Proving expired SOL.
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Posted by JKelly
(151.197.23.253) on July 19, 2004 at 17:19:07:
In Reply to: What next? Proving expired SOL. posted by FLgal on July 19, 2004 at 15:47:38:
I would send the SOL letter. If they sue, the burden of proof is on them, not you. Why Chat says that making a payment does not restart the SOL. He says: It is TRUE that IF a new contract is legally formed to consolidate an old debt it WILL start the SOL again. For instance, if you enter into a settlement agreement with a CA, and it comprises of an offer and acceptance in weiting, and the agreement does NOT specify the disposition of the unpaid balance, since a CA cannot legally issue a 1099, the balance can be sold to another CA, and that balance has a new starting date, dating from the settlement agreement. If you send a letter to a CA, and in it you offer to pay $25.00 a month for 2 years to pay off a debt, and if the CA responds in writing, signed that you accepts your offer, THEN if you paty $25.00 with a restrictive endorsment on the back of the cehck, stating it is in payment of the accepted offer, it is a LEGAL CONTRACT. You cannot have a legal contract without BOTH parties agreeing to the terms, in writing. Send the letter certified/return receipt.
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