Legal Question in Credit and Debt Law in Virginia

Re: Collection calls after 11 years to collect a debt

The statute of limitations is 5 years for a contract in writing. (Measured from the date of breach, that is when a payment was due that was missed.) It is only 3 years for a verbal contract (measured from the last time that services were provided, here the last charge processed, or the last payment made).

However, in Virginia, it is still possible for the creditor to file a lawsuit. If you do not respond to the lawsuit OR IF YOU DO NOT OBJECT ON THE BASIS OF THE STATUTE OF LIMITATIONS, then the statute of limitations DOES NOT APPLY.

What you should do is (1) make sure that the collection agency has your CURRENT address. This sounds contrary to common sense, but it is very important. In Virginia, they can get a "default" judgment without you even knowing about it if they have your old address. (2) There is nothing you can do to stop them from pestering you. But (3) as soon as they actually file a claim in court, you must answer in writing that you raise the defense of the statute of limitations and therefore deny that the money is due. The judge will throw out the case.

Re: Collection calls after 11 years to collect a debt

In addition to what Mr. Moseley has already offered, you would be well advised to file with each of the three major credit reporting agencies your 250 word version of this matter explaining why you don't owe the money that is being claimed against you on this so-called "open account".