Legal Question in Credit and Debt Law in Virginia

Re: after 8 years can you take me to court for a bad check

Anyone can sue anyone for anything at any time. That doesn't mean that anyone will win, and one can be fined for filing a frivolous suit. The check is stale, and the statute of limitations has already elapsed, so you have slam-dunk defenses if they sue you (and they probably won't). That stuff about the check being at the courthouse is probably bull - ask them what courthouse, specifically, and the case number under which the check was filed - you want to go take a look at it.

A collection agency has five days from their first contact with you, whether by 'phone, mail, telegram, or whatever, in which to inform you of your rights under the fair debt collection practices act. You have thirty days from receipt of the notice to mail a written demand for verification of the debt.

Get the complete, true name of the person or company you were contacted by, and their address. Send them a letter stating when and how you were first contacted; that you object to their failure to tell you your rights under the FDCPA; that you deny the debt and demand immediate verification. Make a photocopy and mail the original to the agency; get a "certificate of mailing" from the post office and staple it to your copy of the letter. Be sure to ask the post office employees how to do that before you put the original in the mail!

There seems to be a trend in consumer collections of attempting to recover stale debts. I think that, while it's not sanctionable to file suit in a case where the statute of limitations has expired, it is a deceptive practice and a violation of the Fair Debt Collections Practices Act. (Which only applies to collections agencies, not to the original creditors.)

Feel free to contact me directly if I can be of any further assistance - I won't charge you unless and until you decide you want me to represent you. 540-347-2430