What actions will reset the statue of limitations for debt in Ca?

Asked almost 2 years ago - Hayward, CA

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?

Attorney answers (3)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    3

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . 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... more
  2. Christine C McCall

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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.... more
  3. Crosby Scott Connolly

    Contributor Level 11

    4

    Lawyers agree

    Answered . 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... more

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