Legal Question in Credit and Debt Law in Virginia

I keep getting these calls from people claiming to be a law firm,

stating that I have pending charges against me for bad checks from 2006 for a payday loan.

To my knowledge this is not true, but they are claiming that unless I pay immediately or set-up a

payment plan then I will receive court summons.

They sounded pretty official, and were from a place called capital and associates.

What should I do?


Asked on 7/25/11, 2:13 pm

1 Answer from Attorneys
Jonathon Moseley Moseley & Associates Law Firm

An attorney is not permitted to threaten criminal charges to try to gain advantage in a civil matter like collecting a debt on a bad check.

Also, the statute of limitations has probably run out. For a written check, the statute of limitations would be 5 years. So it depends on when in 2006 this would be.

If they are threatening you, find out as much as you can about them and try to keep notes about what they say or even record their phone calls if possible.

You can sue a debt collector who breaks the rules in this way. They cross the line all the time.

Even if you receive a court summons, you will still have a chance to tell your side of the story and you should not be so afraid of that.

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Answered on 7/26/11, 11:39 am


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