New York  |  Credit and Debt Law

Legal Question

Asked on: 3/02/10, 8:15 am

Does making a payment to a collection agency on a debt that is out of SOL re-se the clock? I am being sued by a Collection Agency for a 9 year old debt that I made two payments to the creditor on post-SOL about two years ago (before I knew that credit reports could be inaccurate).

I am in NYS and this was for a Credit Card (Capital One). My understanding is SOL cannot be re-set on a charged off account period, and regardless payments to a collection agency, not the creditor, do not constitute a re-set of SOL. I am hoping to find some case-law to cite in my reply to the summons..


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