Legal Question in Credit and Debt Law in Virginia

Re: Need a clear answer Statute of Limitations

First, let us be clear: With regard to a debt collection harassing you, there is no statute of limitations.

Debt collectors cannot do anything, but bug you, without hiring an attorney to file an action in court. So the question is what would happen if a lawyer got involved and the case was filed in court against you?

Virginia allows people to file a lawsuit even if the statute of limitations has expired. The theory is that debtors can agree to pay if they want.

Therefore, you MUST show up in court on the appointed day and OBJECT that the claim exceeds the statute of limitations. Otherwise, the statute of limitations will be considered WAIVED. The case will probably be set for trial. Make sure you file an "answer" on time, both to the court and the plaintiff's attorney. Then at the trial you again OBJECT that the claim is outside the SoL.

In Virginia, the statute of limitations is 5 years after the time the contract was breached -- NOT when it was signed. So if a payment was due on June 20, 1999, and the payment was not paid, then the SoL starts running from June 20, 1999.

The clock stops when a lawsuit is actually filed in court, not when a debt collector calls you, but also not when you are "served" either. You can be "served" with the lawsuit after the 5 years, if the lawsuit was filed within 5 years.

Any promise to pay in writing can restart the clock.

For a verbal contract, the SoL is 3 years from the LATER of either the date of last payment OR the date of the last services or products provided by the creditor.

ANY payment on the account can restart the clock at 0.

There is no such clear rule about making payments restarting the clock on a written contract, but it might be trated in different ways by different judges.