Legal Question in Credit and Debt Law in Florida

partial payments after charge off and statute of limitations

I have only one R9 charge off: an unsecured credit card which shows on my credit report last activity being over 4 years ago on 6/96. statute of limitations for suing is 4 years, but there was a time for about a year after the charge off that I was trying to pay the debt. I mailed the secondary collection agency some checks from my bank as they suggested, one for each payment which they deposited in the bank every month until they were all gone, about 8 of them or so. I wasn't able to continue paying due to a bad financial situation. Does this partial payment mean that statute of limitations started over for suing (according to florida law?)

i never signed anything, just verbally agreed to pay these partials in the way suggested.


Asked on 3/11/01, 6:23 pm

1 Answer from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: partial payments after charge off and statute of limitations

Your checks sent in partial payment of the debt were written documents which acknowledged the debt. The s/l now starts to run from the last written acknowledgement of the debt or payment on account, whichever is later.

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Answered on 5/22/01, 4:20 pm


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