I was contacted recently regarding a charged off account. The charge off is from 2005. Since I made a payment in December 2012 the debt collector informed me that the statue of limitations has started all over again (my state is California). The collector now has 4 years in which to sue me for the old amount. I feel as though I was manipulated to make a payment in December 2012. I am unsure how to proceed. Is there a way that I can legally maneuver out of paying a debt that is old (2005) given the nature of the way the payment was extracted from me--through manipulation--?
Real Estate Attorney
The debt collector is correct: by paying on the debt, you restarted the clock. You would have to show that you did so based on a promise not to bring an action or not to sue you for the remainder.
You don't say how the debt collector manipulated you into making a payment. The debt collector may well be subject to liability for trying to collect a debt on which the statute of limitations had run. Consult an attorney experienced in debt collection law.
Debt Collection Attorney
You may have lost one defense, but it is likely that you have other defenses in the event that the collector tries to sue you. Do the collector have access to the original loan documents, or just computerized summaries? You should pay for a legal consultation.
Do not believe anything that a debt collector tells you. Do not take legal advise from a debt collector.
Chapter 7 Bankruptcy Attorney
If you think you were manipulated because the debt collector didn't tell you that by making a payment you would revive statute of limitation, unfortunately they have no obligation to do that.
I am not YOUR lawyer. Don't rely on answers to questions as legal advice. For legal advice contact a Bankruptcy Attorney for a consultation. Tokarska Law Center is a Federal Debt Relief Agency representing individuals and businesses in filing for bankrutpcy protection under the U.S. Bankrutpcy Code. Kathryn U. Tokarska is a San Diego Bankruptcy Attorney, owner of Tokarska Law Center, 185 West F Street #100, San Diego, CA 92101, (619) 285-1992 www.sdbankrupt.com