Legal Question in Credit and Debt Law in Virginia

Re: Old Credit Card Debt

You need to get a copy of your credit record for starters. Without proof of payment you may have problems, however, you are entitled to contact the credit reporting agencies and explain your quandry. This does not solve the credit card company harrassment. Best thing to do - call a lawyer near you to pull your credit and discuss the FDCPA.

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Re: Old Credit Card Debt

Well, the debt network must give you information whether or not you fired them. They dont' have to do any additional work, but they must disclose what they actually did before. If the case were to go to court, you could have a subpoena for their records.

The other question I have is WHEN the debt was orginally due. By now, it may be 5 years. The statute of limitations for a breach of a written contract is 5 years. But this is NOT measured from when the contract was written, but from when the last payment was due that was not paid. (Note that for an oral contract, the fact that you made a payment would restart the clock. It is not crystal clear in Virginia, but it is fairly clear that this is NOT true for the breach of a written contract. The five years is measured from the last date you were supposed to pay something that you did not pay.)

It is obvious that it is hard to prove something without records.

Also, to prove that you were actually settling, you will have to show that there was a dispute about how much money was actually due.