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JB Umphrey
JB Umphrey, Attorney
Category: Legal
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Experience:  Explains legal matters based on 14+ years experience.
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I received a letter from convergent Outsourcing informing me

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I received a letter from convergent Outsourcing informing me of a settlement offer from LVNV funding for a Providian financial corp account , I last heard from them in 2003, my last payment was then. the originnal debt was 12,000 convergent is asking 2500 as settlement in full. I am 68 and have trouble seeing..I live alone and am credit is good last info i received about providian as a class action lawsuit..what do I do
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What state are you located in?
Customer: replied 4 years ago.
Thank you. XXXXX a debtor has six years to sue for breach of contract. That clock starts from the time of the last payment.

If you admit that you owe the debt, the statute of limitations clock re-starts.

From the facts that you've described, the statute of limitations has expired. They cannot sue unless you admit that you owe the debt or make another partial payment.

When the statute of limitations has expired, they can bug you for payment but they cannot sue you.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

Please let me know if there is anything else I can provide to give you excellent service!"
Customer: replied 4 years ago.

My letter states that payment of the $2500 would be settlement in full. If I paid that per the request that would be starting the clock and they could sue mefor the original creditor balance of





















the letter states payment of the 2500 woulbe settlement in full, if i paid LVNV the 2500 as requested would that be starting the clock and i would have to pay 12,000.








If you paid the amount offered, yes, that would re-start the statute of limitations clock.

If the $2,500 is paid as a "settlement" then that would "settle" all claims and no suit would be filed.
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