Legal Question in Credit and Debt Law in Virginia

Collection on Open Ended Account.

I read somewhere that the Statute of Limitations for an Open Ended Account was three years for the state of Virginia. Is this true?

I just received a message from--name removed--father that a collection agency is trying to collect on a Military Star Charge account/credit card. The account was charged off and the last time I made a payment on the account was in 2002 (although for some reason there is an OK in the March 2004 box on--name removed--credit report).

Can I still be sued? What actions should I take when I talk to the collection agency?


Asked on 4/01/08, 7:09 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Collection on Open Ended Account.

The SOL for a so-called open account in the Commonwealth is two years from the date of the last charges for goods or services or date of payment.

Yes, of course, you can be sued, but if you can raise SOL in your defense, it must be done so affirmatively, meaning in your Answer & Grounds of Defense filed in response to the plaintiff's complaint or warrant in debt.

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Answered on 4/01/08, 10:19 am


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