Legal Question in Credit and Debt Law in Virginia

The statute of limitations is expired. So the debt is not collectible.

Of course you may have a moral debt and it might be technically correct that you "owe" the money.

However, the creditor cannot legally collect on the debt.

THERE IS A PROBLEM, potentially, though: The fact that you miade recent payments could serve to re-start the statute of limitations. This is perverse, in that it punishes good behavior.

Also if you said anything in writing promising to pay some or all of the debt, then this could restart the statute of limitations.

This is different ased on a written vs. oral contract, although a lot of people will get htis confused.

If the contract was in writing, as I imagine it was, then recent payments should NOT make any difference. However, some people may get this confused. You have to be strong on this point.

If the contract was an oral contract or an "open account" then payments could restart the statute of limitations. So you would have to wait 3 years before the statute of limitations woudl expire again.

NOTE: Virginia has a unique approach. It is legal for a creditor to file a lawsuit against you even when the statute of limitations is expired. You must then RESPOND and assert the statute of limitations.

Until you move to dismiss the lawsuit based on the statute of limitations, they can try to collect. But as soon as you raise the statute of limitations, the lawsuit is dead and must immediately stop.

Similarly, they could report it on your credit report, except that it is much too old.

One thing that creditors do -- which is illegal -- is they issue you a NEW statement or invoice and then "refresh the date" of the debt to make it look like a recent debt.

This is absolutely illegal. If they report this on your credit report, you can sue them.