Legal Question in Credit and Debt Law in Virginia

Credit Card Lawsuit

Hello, I have been sued by Bank of

America for a credit card bill. The

amount is $1200. I have gone

through foreclosure in GA. I was a

victim of mortgage fraud and

predatory lending. The court date is

March 27th. I have no money to pay

and cannot borrow the amount. The

Bank of America lawyer sent me a

bill of particulars. I requested an

itemized list of the Mastercard

charges. I want to defend myself,

but don't know what type of defense

would be best in my situation. I am

unemployed and don't know when I

will find work. I have read that the

plaintiff can call witnesses. What

type of witnesses are usually called

in these cases? Thank you.


Asked on 2/04/08, 11:51 am

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

Re: Credit Card Lawsuit

A defendant in such a case as yours (or any case for that matter)should not be calling witnesses in his/her case in chief unless they have something relevant to say in the defendant's defense.

As to your particular situation, if the debt for which you are being sued is more than two years old from the date of the last charges for goods/services or payments made on the delinquent account, you may wish to assert as a defense the statute of limitations(SOL), as under Virginia law a credit card account is considered a so-called "open account" and therefore may be subject to a two year rather than a five year SOL which normally is applicable to the typical written contract.

The foregoing defense should be affirmatively raised and pleaded in your Answer and Grounds of Defense which is the responsive pleading which should be filed in answer to the plaintiff's Warrant in Debt.

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Answered on 2/04/08, 12:17 pm


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