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Acknowledgement of Debt/CCP 360

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What is the legal definition of "acknowledgement of debt". Also, it seems that under CCP 360, that after the statute of limitations (SOL) has passed, that a debt can only be "continued" if the debtor signs a new agreement with the creditor, and that even a partial payment does not "re-acknowledge" the debt that is barred by the SOL. Is that a correct interpretation? Also do such rules apply to all debts or just credit card debts? In other words, would such rules also apply to a debt for a service (i.e. an accountant's services)?? Would leaving a phone message to the original creditor that you can't afford to make payments count as an acknowledgment?? What is the SOL for debt arising from a written contract?

Attorney Answer

1
Frank Chen ·
No, that is not as correct interpretation. A partial payment can restart the statute of limitations. The rule applies to all debts (oral contracts, written contracts, implied contracts), not just credit card debts. Leaving a phone message would not constitute an acknowledgement of the debt for purposes of extending the statute of limitations. The statute of limitations for breach of written contract in California is 4 years from breach or last payment, whichever is later.
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