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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  20 years of experience practicing law.
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there are 18 states in which payment does not restart the clock

Resolved Question:

there are 18 states in which payment does not restart the clock (review or extend SOL). The statute of limitations is only extended by new written promise to pay in these 18 states:

Arizona, California, Florida, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New York, Texas, Virginia, West Virgina, Wisconsin.
---------------------------------------------------------
I need to know where I can find the California law that states this
Submitted: 4 years ago.
Category: Legal
Expert:  Sam replied 4 years ago.

hi

 

you can review that by clicking this link under section 337 which states

 

337. Within four years: 1. An action upon any contract, obligation
or liability founded upon an instrument in writing, except as
provided in Section 336a of this code; provided, that the time within
which any action for a money judgment for the balance due upon an
obligation for the payment of which a deed of trust or mortgage with
power of sale upon real property or any interest therein was given as
security, following the exercise of the power of sale in such deed
of trust or mortgage, may be brought shall not extend beyond three
months after the time of sale under such deed of trust or mortgage.
2. An action to recover (1) upon a book account whether consisting
of one or more entries; (2) upon an account stated based upon an
account in writing, but the acknowledgment of the account stated need
not be in writing; (3) a balance due upon a mutual, open and current
account, the items of which are in writing; provided, however, that
where an account stated is based upon an account of one item, the
time shall begin to run from the date of said item, and where an
account stated is based upon an account of more than one item, the
time shall begin to run from the date of the last item.
3. An action based upon the rescission of a contract in writing.
The time begins to run from the date upon which the facts that
entitle the aggrieved party to rescind occurred. Where the ground for
rescission is fraud or mistake, the time does not begin to run until
the discovery by the aggrieved party of the facts constituting the
fraud or mistake. Where the ground for rescission is
misrepresentation under Section 359 of the Insurance Code, the time
does not begin to run until the representation becomes false.

Customer: replied 4 years ago.
Sam,
I have read that section numerious times. I can not find where it states that.....payment does not restart the SOL clock only a new written agreement would. Can you please direct me as to where I can find that for California Law?
Expert:  Sam replied 4 years ago.

hi

 

that is not going to be written in Code anywhere. the way the law is written is clear it is from the date of breach. if there was an extension, then it would state that such an extension is possible with a "tolling" of the statute.

Customer: replied 4 years ago.
Ok. If the law is clear and it states it is from the date of breach...... If Partial Payments have been made would my SOL still be 2004 or would the partial payments moved my SOL to the latter date? Under California Law.
Expert:  Sam replied 4 years ago.

hi

 

partial payments would not extend the SOL. therefore, if the SOL was in 2004 then that would be the limit. that SOL begins to run at breach. there is no provision in the law that states otherwise. for instance, if the SOL was tolled, it would state that the SOL is 4 years from the date of the last payment/breach and shall be renewed with any subsequent payments of the debt

Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21236
Experience: 20 years of experience practicing law.
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