[Elle]

I'm new here and just posted on the introductions thread. Good to be here.

Due to an impending suit, I have to refrain from giving specifics about my situation. My immediate concern is a payment I made to a CA after the SOL expired with the OC. I have read the state SOL over and over again as well as threads after searching for key words, but I'm still having a hard time piecing bits together relative to my situation.

Forgive me for asking a well-worn question: does this payment reset the SOL?

This is in Virginia.

I have also registered with creditinforesource and creditboards.

Would someone please allow me to PM with specifics. Any response will make my weekend!

[hannah]

Originally Posted by Elle

I'm new here and just posted on the introductions thread. Good to be here.

Due to an impending suit, I have to refrain from giving specifics about my situation. My immediate concern is a payment I made to a CA after the SOL expired with the OC. I have read the state SOL over and over again as well as threads after searching for key words, but I'm still having a hard time piecing bits together relative to my situation.

Forgive me for asking a well-worn question: does this payment reset the SOL?

This is in Virginia.

I have also registered with creditinforesource and creditboards.

Would someone please allow me to PM with specifics. Any response will make my weekend!

You'll be fine...unless, of course, you signed something agreeing to pay them as a promise to pay must be in writing and cannot be inferred just because they said you said you'd pay.

Section 8.01-229(G) of the Virginia Code provides as follows:

G. Effect of new promise in writing

1. If any person against whom a right of action has accrued on any contract, other than a judgment or recognizance, promises, by writing signed by him or his agent, payment of money on such contract, the person to whom the right has accrued may maintain an action for the money so promised, within such number of years after such promise as it might be maintained if such promise were the original cause of action. An acknowledgment in writing, from which a promise of payment may be implied, shall be deemed to be such promise within the meaning of this subsection.

2. The plaintiff may sue on the new promise described in subdivision 1 of this subsection or on the original cause of action, except that when the new promise is of such a nature as to merge the original cause of action then the action shall be only on the new promise.

There is caselaw: Coleman v Tritt (attached)

[Elle]

Hannah, this is exactly what I was looking for. Thank you for breaking it down for me. Fortunately, I did not sign any instrument promising to pay. I'll read up on this stuff. You made my weekend.

[Pale Rider]

Some states might consider a check with signature and a notation on the memo line about the debt as acknowledgment of the debt, extending the SOL.

[Elle]

Right on. Wow. After reading other people's experiences, it's pretty apparent to me that signatures can backfire. It's a good thing I didn't pay by check. But I do have an entirely different situation with another CA/JDB where this advice might apply. Goodness. I'll save it for another time.