Legal Question in Credit and Debt Law in California
Restarting SOL
Prior to learning about SOL, I responded by telephone to a collection agent's offer of a low settlement amount on a credit card debt which I last paid on in 1997. I agreed verbally to send a check in for the settlement amount and asked for a written agreement. I received no written agreement, then learned about SOL and did not send the check. I am now receiving phone calls threatening further action including sending documentation to my payroll administrator. Did I restart the SOL? Again, I did not sign anything and no payments have been sent since 1997.
2 Answers from Attorneys
Re: Restarting SOL
No. Remind the creditor of the Fair Debt Collection Practices Act and tell 'em they should stop calling and harassing you. Otherwise, you can bring a lawsuit against the creditor and the collector and make some money.
Re: Restarting SOL
You did not restart the SOL, and their actions violate the FDCPA. Call us.