someone that is descrbed as a, brunette female, made a payment on a debt that i was informed was paid in full, made a payment on said debt. they are taking me to court and saying that the payment resets the statute of limitations. I had no knowledge of the payments or anything that this person, who their lawyer described above as my wife made a payment on 10/11/2007. We were divorced in 2005.
I researched this issue some years ago and found that under Washington law, if the payment was not voluntarily made by you (or someone that you authorized to make a payment) then you have a good defense against having to pay this debt if it would otherwise be beyond the statute of limitations.
The cases that were relevant on this issue are Stubblefield v. McAuliff, 20 Wash. 442, 448 (1898); See also, i.e. Haddad v. Chapin, 153 Wash. 163 (1929); Sanders v. Brown, 123 Wash. 611 (1923); Old Dominion Mining v. P.A. Daggett, 38 Wash. 675 (1905). Please note that this information is from years ago, and so you should seek legal advice as to whether or not this has changed.
I think you should seek a consultation with an attorney who handles debt collection defense to discuss this issue.
Best of luck,
Tim L. Eblen
WOW!! A question of scienter on a debt SOL being re-set.
There is no short answer.
Consult an attorney.