Hey Guys , help me quick I am about to send an offer. I want to send a settlement offer to Kay Jewelers. It is past the sol. This wont start the sol for them to sue me will it? I admit nowhere in the offer that the the debt is valid. I was planning on sending it PFB the last statement is.... Upon receipt of this signed acknowledgement, I will mail you the funds within 20 days. This is not a renewed promise to pay but rather a restricted offer only. If no terms can be met, no new arrangements will be made and the offer will be void. I should be okay right? Do you think the sleeping dog will have any chance of legally collecting outside of the settlement offer.
Send it. You are ok. If the settlement offer is refused, there is no new activity on the account, and if the settlement is accepted (I presume) you are asking for deletion so the DOLA date will not matter. No they can not sue you past the SOL (if you raise it), and can not update the date in order to be within a new SOL just to sue you. You should be fine (just remember to put the deletion part in -Peace, Dave
No, "paid as agreed never late" is good...but they may be less apt to go for it. Especially if it is really not true...a deletion of the derogatory listing may be easier albeit less beneficial for you. But try and if they refuse, then ask for deletion of the item...bargaining power. -Peace, Dave
