Renewing the SOL for being sued

You need to study the law on statute of limitations for your state to get the answer you seek. The laws for each state can and do vary so while an offer to repay may reset the SOL in one state it would not in other states. In some states, payment of even one dollar to a 3rd party debt collector will reset the SOL, in other states it would not.

Statutes on SOL and how they are applied in specific circumstances can vary not only from state to state but from court to court. One judge will rule one way while another judge might rule another way.

SOL is an area of law that is very complicated and can be very much a crap shoot. In some states the law is clear and unambiguous and in others it is very confusing and even the judges don't understand it very well.

 

The purpose of such a phrase is to prevent it from being argued that it was a written acknowledgment of the debt, a requirement for re-setting the SOL in many states (AZ included).

 

Well, first of all New Century Financial is a 3rd party debt collector so that limits the reliablity to start off with. Then all states are not listed, only a few.

After that, their attempts to give very brief explanations also tells us it is not all that reliable. Some of the explanations are really vague.

Be all that as it may, it is an excellent place to start. From there you need to go to your own state statutes.

 

Now then, let's revisit this. I still say it is a bad idea because you are saying "this is not a renewed promise to pay" which can easily be construed as having an original promise to pay in existence which could then be used in court to show that you had indeed promised to pay which can reset the SOL in some states.

Again, keep it simple. You could state that this is not to be construed as a promise to pay but rather an inquiry as to what it would cost me to make your alleged debt go away.

At least something more along those lines.

Or maybe if you have some doubts as to what might reset the SOL you might want to pay an attorney the $25 or $50 one would want to write a letter making the inquiry.

That way you would be much safer on the wording.

 

Let me make a guess. I'd say you live in or around Fayetteville, Georgia. Is that even remotely close?

If it is then this is what would apply in Georgia according to what the web site you provided has to say.

Georgia 4/6 Date of Default or Written Acknowledgement

• Payment
• Bankruptcy (if dismissed, can file suit within 30 days)

So you would have to make a written acknowledgment in Georgia or you would have to make a payment or file bankruptcy and have it dismissed in order to reset the SOL in Georgia.

Of course, you would want to word your letter so that it specifically state that you do not now or have never acknowledged the alleged debt.

 

I

All I need to trace anyone down to their actual address is their I.P. and most of the time I can track you down to city and state. Sometimes even further than that. But it isn't always 100% accurate either so that is why I asked. Just to find out how accurate my software might be.

Just as an example, an I.p. might be
217.121.31.163
That address (wich I just dug up out of my head randomly checks out to be a computer somewhere in the netherlands. If I remove the last 3 numbers the address then checks out to be from Germany so the Netherlands address is being fed from a computer system in Germany.

If I knock off the next numbers (31) we find that the German system is being fed from the United States.
If I knock out the next set of numbers (121) we find that it is still being fed from the U.S.

Sometimes that last set of numbers will check out to being fed from China or Russia or some other country.

An I.P. that is American based all the way will reduce much further than one that is feeding some foreign computer.

Trust me, I will not reveal any further information about you or where you live. Just tell me if I am even close with the city I gave for you.

 

Well, maybe you should sue me in federal court for violation of 18 U.S.C. 2261(a)
(LOL)

 

Cant we all just get along........

 

Sure! Why not? I was just kidding you about suing me for being a stalker.

You can't do that even if you wanted to. Stalking is a federal criminal offense and only a U.S. Prosecutor can bring that charge. A private citizen cannot.

So I was just joking with you.

Have a nice one.

 

Most every state has stalker laws and a citizens arrest can be done. lol

 

Let me ask you a question and if you know the answer to the question you will know the answer to yours.

What do you get if you cross an elephant and a rhino?

 

rhinophant , elerhin , phanto , A horney republican? > I give up

 

El-if-I-no.