We have a series of unpaid invoices that we have filed in court as a claim against the debtor. The debtor had in the past stated that they were looking into the matter as there was new managers involved. They paid a partial amount and stated they would review the remaining invoices. Ventually the refused to pay. Now that we file in court they are trying to have our claim stricken under the Statutes of Limitations Act. The act says "wen a reasonable person should have known". My contention is thaat we flt that the debtor was acting in good faith, thus no claim was needed. It only became apparent upon the debtors refusal. We feel that the debtor may have been stalling to use up the limitation period. They are claiming the period starts when they initially failed to pay. We say they mislead us to believe that they were willing to work with us to clarify and pay the debt. This to me equated to an abuse of process. Yes or no or what say you?

When they paid the partial amount that would "reset the clock" on the statute of limitations in most states, as the time limit starts with the date of last activity on the account. What state are you in, how long ago did they pay the partial amount, and did you have a written contract or sales agreement?