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.
1 Answer from Attorneys
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.