Protecting the Rights of Consumers
For Over 25 Years
Edelman Combs Latturner & Goodwin LLC
Question: If you have talked to a lawyer to repay a debt but nothing was agreed upon, does the statute of limitations restart? I received a letter from a lawyer for a credit card debt more than six and a half years old. I wanted to make payments but they said they would get back with me in 24 to 48 hours after they talk to creditors. Does this now restart the statute of limitations?
Answer: No. A payment restarts the statute of limitations. A written agreement to pay may. Settlement discussions of the sort you describe do not.
Also, in our opinion a letter seeking to collect an out of statute debt has to disclose that it is out of statute, or it violates the Fair Debt Collection Practices Act. This issue is currently the subject of litigation.
We can help you both defend the claims against you and assert your rights under the Fair Debt Collection Practices Act and other laws.