I have a private student loan in default due to disability. A collection agency contacted me regarding settlement. They said to write a letter offering settlement. I wrote a letter stating I was informed i owe $31k (never admitting i do) and that i would like to settle this account and made offer. Before I sent the letter, I asked them to provide me with detailed break down of what I owed. They said it would take months and they were only going to consider settlement for that day. So I sent the letter that same day.
1. Does that mean the statue of limitations restarted?
2. Did I admit to the debt?
3. Does this mean I can no longer ask for debt validation?
4. Did they violate my rights by saying the detailed break down would take forever and I needed to send offer that day?
1. No, an offer of settlement would not restart the statute of limitations.
2. Probably not, although one would have to review the letter you wrote to be sure.
3. No, you can still ask forvalidation.
4. No, but any "today only" would be suspect, as Attorney McCall indicates.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
Debt Collection Attorney
Sending them a letter will not reup the SOL. To reset the SOL, you would need to make a purchase or a payment towards the debt.
Hyde & Swigart is a law firm concentrating its efforts in the area of consumer law, the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”), and California's Rosenthal Fair Debt Collection Practices Act, California Civil Code §§ 1788-1788.32 ("Rosenthal Act"). Our lawyers are specially trained in the Federal FDCPA, Consumer Defense, and other consumer related matters. Our goal is to protect you against unfair, deceptive and abusive debt collection practices. Creditors, professional debt collectors, and attorneys who violate the law are subject to paying damages, statutory penalties, and the consumer's attorneys fees and costs. If you feel you have been abused, deceived or treated unfairly, you may need a lawyer. We can be reached at 858 900 7342 , or through one of the evaluation forms on this site.
Rule of thumb: all "today only" offers -- in all contexts -- are suspect and should be treated as presumptively bad deals.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.