Please help. Does making a partial pymt on a medical collection restart the clock for the SOL in the state of Calif. Do you know where in the Calif. codes it is mentioned? My DH has a medical collection that is due to come off his report this fall, seven years are up. Did I restart the SOL when I made two partial payments in 1997 and one in Oct. 1998?
Re: Calif. SOL - partial pymt resta I don't know about California codes - but it is my understanding that making payments DOES start the SOL clock (but not that 7 year clock) Mommy2cats
Re: Calif. SOL - partial pymt resta HI The SOL (amount of time that they have to come after you for money) in California is 4yrs so even if you made a partial payment in 1998 the sol should be up if not now by the end of the year...but regardless the FCRA states - 1) In general. The 7-year period referred to in paragraphs (4) and (6) ** of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action. So the 7 yrs doesn't change with payment Good luck Jamie
Re: Calif. SOL - partial pymt resta I find it interesting that I get two different answers to this question. I posted this same question on three boards, and some say yes and some say no. I am trying to figure out how to handle this CA. Should I push the envelope so to speak or wait until Oct. 31st, because then for sure the SOL is up. I have read through the Calif. code and what I looked at didn't show that making a payment would restart the clock on the SOL. But, at one lawsite it mentioned that state law would determine what would occur if you made a partial payment.
Re: Calif. SOL - partial pymt resta Mtnair, Be sure your not confusing the 7 year obsolescence period with the SOL. These are 2 different things. Wheather or not you restart the sol is state specific. If you can wait till Oct. 31st, do that. Hell it's only 2 months away. hth
Re: Calif. SOL - partial pymt resta Butch, Thanks, I do know that they are two different things. I was trying to find the exact area in the California codes. From what I've read in the code there is not any restarting of the SOL by making a partial payment. What I am trying to figure out is should I go after the CA for their violations of the FDCPA and FTC now. Or if I need to wait until after Oct. 31st.
Re: Calif. SOL - partial pymt resta Hi If you don't mind me asking who is the ca were talking about here ? Most people reccommend to wait till the sol is up to start filing complaints so it doesn't backfire and you end up with a lawsuit. On the other hand some Ca are quicker to sue than others. Personally I've pushed CA before the sol is up if I felt I could in worst case senerio could come up with the money to pay them should they come after me. I assume you have tried to validate this account already ? I guess it up to you to decide what your most comfortable with... (some help huh?..lol Jamie
Re: Calif. SOL - partial pymt resta The area of each State's statutes that deal with your question is called "The Statute of Frauds" In Cal. as in MOST other States a written agreeement is required to waive someone's rights under the SOL for being sued.In many States, and Cal. is one, even a written agreement will not waive those rights on a consumer debt. In a few others,a payment with a signed check on the account is considered a written agreement.HOWEVER, that particular waiver is nullified for credit card open accounts by other consumer protection clauses in the same statutes, so it winds up ONLY applying to payments on a closed-end account.
Re: Calif. SOL - partial pymt resta The collection agency is a division of CBC (Credit Bureau Services) Companies. The account they have is an old dental bill. The date of service was 11/1995 and it was work done on my teeth. The collection account appears on all three of my DH report. The original bill was for $613.00, I paid $100.00 to the dentist and a total of $200.00 to the CA, the last payment was made on 10/31/1998. I sent them a validation letter on 6/16, they signed for it on 6/20/02, in letter I also mentioned that they were reporting the debt twice by changing the account number. I then disputed with all three CB. The duplicate accounts came off, but they verified with all three CB. They violated the FDCPA by not adding dispute notation. They again violated the FDCPA by verifing. There is also a requirement in Cailf. law that they must report this as disputed, if they don't they are liable for failure. They did send a letter to me dated 7/1/02. In it they quoted the FDCPA section 809, saying that it clearly shows request must be in 30 days. They also state that if I wanted validation they would be willing to provide it upon there receipt of a min. of $25.00 hourly fee to retrive it from off-site storage. The Krisor FTC opinion letter states "a collector may not charge (the consumer) for copies of the documentation of the indebtredness, this is a violation of the FTC section 808. They also mention in the letter the partial payments that were made, and since they were made that my DH had no previous dispute with the balance. I am the one who made the payments on my dental bill, not my DH. They also show the date of service as 1/2/97, which is not true, so they are re-aging the account, another violation. On Aug. 6th they sent a collection letter, in it they mention that "by ignoring this obligation, further collection activity could be taken to bring this account to a conclusion." So are they threating to sue me? If so it is barred by the applicable SOL. So what do you think. Wait until Oct. 31st or go after them now? How many violations do you see.
Re: Calif. SOL - partial pymt resta By the way they sent another letter on Aug. 21st. Cont. collection activity??
Re: Calif. SOL - partial pymt resta In similar cases, I have recommended sending copies of corresondence to the health care provider, and including the notification that they may be held legally responsible for the behavior of their agents,even if the debt was sold.If you visit my website and click on Cal. you may note I have included some statutes for inclusion in my "SOL" letter, which I do not bother with much in other States, this is because Cal takes this kind of behavior very seriously.
"Did I restart the SOL when I made two partial payments in 1997 and one in Oct. 1998?" YES, too bad you made a payment!
I didn't say I knew what the SOL is in this situation but whatever IT IS, it starts from ZERO after the payment. Maybe it is 4 years don't pay again for Christ's Sake!
