If I give a third party permission to talk to a creditor about my debt after the statute of limitations expires, can they restart the statute for me?

There is a lien on a vehicle that a debt collection company has the title to. The statute of limitations has expired on the debt. A person wants to purchase my vehicle, but has to get the title from the debt collection company. I, understandably don’t want to talk to them about releasing the lien, so if I give permission for this guy to talk to the debt collection company about the lien, can he in fact act as an agent for me and restart the debt that I owe for the vehicle?

Asked on August 13, 2012 under Bankruptcy Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The only way the statute of limitations defense can be eliminated is if parties to a dispute sign a document in writing stating such. The statute of limitations run with respect to an obligation due when the due date for payment arises and no payment is made. As such the statute continues to run absent a written agreement by the parties to the contrary signed and dated.

In answer to your question, the permission given by you to a third party to talk to a creditor about your debt after the statute of limitations expires does not restart the statute again. It has already run.


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