Does making a payment restart the clock on the six year statute of limitations?
• Generally no, the consumer must instead show a clear intention to reaffirm the debt. • Basically, the debt collector would need to obtain an acknowledgment or promise in writing, signed by the consumer, which recognizes an existing debt and contains nothing inconsistent with an intention on the part of the debtor to pay it.7 Or, the debtor must acknowledge that payment has been paid and from there a promise to pay the remainder may be inferred. 8 It is up to the creditor to establish this inferred agreement.
