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  1. #1
    Join Date
    Jul 2013
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    1

    Default Resetting the Statute of Limitations

    My question involves collection proceedings in the State of: Louisiana
    Hello,
    I have a credit card bill that has not been paid since January, 2007. My attorney recently sent a letter of negotiation to the collection agency offering a one time settlement. The letter stated that the collection agency had 30 days to respond. The collection agency never responded. After looking closely at the old account, I realized that the account was actually time barred.
    Has the statute of limitations been restarted because of the letter my attorney sent? I'm having a hard time finding the answer. My attorney says that ONLY making an actual payment can reset the clock on the time barred debt..."in his opinion." However, I've read that merely aknowledging the debt can reset the clock as well. He was supposed to send negotiation letters ONLY to debts that weren't time barred....I feel like he messed up on this one and is trying to cover his tail.....
    Please help!

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Resetting the Statute of Limitations

    Quote Quoting Brumberger v. Touro Infirmary, 63 So. 3d 293 (La.App. 4 Cir. 2011)
    It is well-settled that prescription can be interrupted by acknowledgment. La. C.C. art. 3464. The acknowledgment of a right in favor of a person can be written or verbal, express or tacit. Id. As recently stated by the Supreme Court in Titus v. IHOP Restaurant, Inc., 09-951 (La.12/1/09), 25 So.3d 761, a debtor's acts of reparation or indemnity, unconditional offers or payment, or actions that lead the creditor to believe that the debt will not be contested is considered tacit acknowledgment. Id. at 765 (citing Bracken v. Payne and Keller Co., 06-0865 (La.App. 1 Cir. 9/5/07), 970 So.2d 582).
    A conditional offer of payment is not the same thing as an unconditional offer.

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