Legal Question in Credit and Debt Law in Virginia

Re: checks

You should make a written demand to the collection agent (attorney)to identify the exact date and the source of the allegedly unpaid returned check fee, i.e, whether it was the cable company, your bank that processed the check or some other institution/business.

When you have received this specific information

you should be able to determine definitively whether or not you owe (or owed) the claimed amount.

I would focus on settling this matter in a straight forward manner that will prevent any taint to your credit report rather than pondering as to whether you may have a defense to the claim under the statute of limitations.

Re: checks

I don't think the statute of limitations is what matters here. If you have any documentation of all of the later activities, including the payment of the refund to you at the end of the account, this is evidence that the money is in fact not due. It is a defense that the charge is false. But it is not an easy slam-dunk bar to them making the claim. It's an opportunity for you to prove you don't owe the money. If you can figure out the approximate date of the refund check, you should be able to get the check from the cable company in a subpoena.

In other words, I think you should write back and say that if there was Check A that bounced, you already paid the total of money due by Check B, because otherwise the cable company would have deducted the balance from your refund check. So they are not considering a second check you paid that covered the entire amount of the bounced check already.

The statute of limitations on a written contract is 5 years. I'm not sure, but I think that a written check may qualify.