Legal Question in Credit and Debt Law in Virginia

Re: 16 yr old debt

Virginia is a very creditor-friendly state. For example, in California the judgment would have gone away after 10 years unless renewed and would only have accrued 10% interest. The life of a judgment in Virginia depends on the type of court that issued it. A judgment issued in General District Court is only enforceable for 10 years. A judgment issued in Circuit Court is good for 20 years. Virginia judgments carry interest rates equal to that on the underlying debt, so the interest can be staggering after a few years. The law back in 1989 when the judgment was obtained might be different than what it is today, so some legal research might be in order. Additionally, some credit card companies back in 1989 were in the habit of suing people in Virginia courts even though the defendants had no connection to Virginia and lived thousands of miles away. This practice is now known as "distant forum abuse." I would like to hear more, such as the name (city or county) where the judgment was rendered, what type of judgment (credit card? what bank?) and what if any connection to Virginia you had at the time. Also, what were you recently "served" with, and when?

Michael Stone, JD

Admitted to California and Virginia Bars

P.S. This is not a "settlement" because you did not agree to it. Do not pay or promise to pay anything on this judgment until you have researched the issue of its validity. It is not immediately clear to me that this judgment, even if valid and not subject to any legal challenge, would necessarily be enforceable in California.

Re: 16 yr old debt

I agree with Mr. Stone. Also, you need to see

if the address used for the lawsuit was where

you actually lived at the time. If you can

show that you did not live there, you may be

able to file a "motion to vacate" the judgment.

You will need to show that the creditor could

have found your new (actual) address with

reasonable effort. If you are successful, the

case would be set for trial.