Legal Question in Credit and Debt Law in Virginia
collections out of state
iPurchased a vehicle in texas while on leave in the army in 11/02 i then got stationed in virginia and exited the military in 4/03 my last payment made was 3/03 and vehicle was repoed in 10/03. i recently was contacted by a collections co tht purchased the acct from my lienholder. which states' sol laws applies TX (4yrs)or VA (5 yrs)and can the collections co charge me additional interest on the amt owed?
1 Answer from Attorneys
Re: collections out of state
If the vehicle was purchased in Texas, the contract law of Texas would likely apply and therefore the SOL of that state rather than that of Virginia. That could mean that the account was in default in April of 2003 and therefore the contract breached also of that date, and, if so, the debt may no longer be legally collectible by operation of the Texas statute of limitations since more than four years has apparently elapsed since the breach of the agreement.
You may wish to have an attorney review the paperwork before you agree to pay on this debt which may no longer be enforceable for the aforementioned reason.