In what scenario will courts enforce a promise to pay a debt that is barred by the statute of limitations?

The scenario in which courts will enforce a promise to pay a debt that is barred by the statute of limitations is when there is written acknowledgment or part performance. This principle is rooted in contract law, where certain actions can revive a legally binding obligation even after the statute of limitations has expired.

When a debtor provides a written acknowledgment of the debt or makes a partial payment, this can effectively toll the statute of limitations, suggesting that the debtor still recognizes the obligation and intends to fulfill it. Courts view this acknowledgment or performance as a demonstration of the debtor's commitment to the repayment, thus creating a situation where the promise to pay can be enforced despite the elapsed time.

This concept ensures that a party cannot simply evade valid debts by allowing the time limit to expire without any form of acknowledgment or attempt to pay. Therefore, the existence of a written acknowledgment or part performance aligns with the legal principle that encourages the enforcement of obligations that the debtor still recognizes.