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Asker
Posted over 2 years ago.

from when the account was closed ! doesn't the SOL start from the last payment ( the instant i miss a payment )?

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Asker
Posted over 2 years ago.

thanks so much for the answer : could you please explain what you mean by (write the creditor informing that they have a bad debt)!

Felipe Nery Gomez
Felipe Nery Gomez, Credit Repair Attorney - Chicago, IL
Posted over 2 years ago.

When the SOL begins to run actually depends on the facts, and by "closed" I meant abandoned by the cardholder, not when the account is "charged off" by the original lender. While a SOL can run from the date you fail to pay the requested amount in full (e.g by the date demanded in the invoice), a series of partial payments, or intermittent payments, could serve to toll the statute until you entirely fail to pay after demand. In many instances people fail to pay the full amount, or anything for awhile, and the bank then "refinances" them and issues a new statement, or a series of statements that are ignored, and then the cardholder may make another partial payment, creating a new "contract", which is not breached until you fail to pay anything and do not use the card again (e.g usually 30 days, or whatever the payment period allowed is, after getting a current invoice and then ignoring it). There are other factors which can alter when the claim "accrues" for SOL purposes, including tolling statutes. Thank you for the comment and pointing out my lack of clarity.