Legal Question in Credit and Debt Law in Virginia

Credit Card

I have a credit card that was opened with an original balance of $300. I fell behind on the payments and began getting calls from a collection agency hired by the credit card company. They informed me that my balance was up to $1100 and needed to be paid. I did not understand how in the world the balance had gotten so high, and asked for a copy of the original agreement. They told me they would request it from the credit card company and send it out to me. This conversation was repeated 3-4 times over the course of a few months, and I never got a copy of the agreement. Then, the other day, I come home to find a warrant on my door - they are taking me to court for the amount of $1192. I really don't want a judgement on my credit, so I am thinking of just paying the amount before the court date. However, this really bothers me, and I can't help but to think that I must have some rights here. This card was opened via online application, so really, can they even prove that it is really my account? How do they know what I agreed to as far as finance charges/ late fees if they cannot even provide me with a copy of the original agreement? Should I fight this or just pay it off?


Asked on 1/17/08, 3:21 pm

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

Re: Credit Card

You should write and file with the court a responsive pleading called an Answer and Grounds of Defense, citing the plaintiff's failure to adequately comply with your request for verification of this debt, that the credit card account involved was an open account with the statute of limitations of two years recognized in Virginia law for such accounts, and, that if the last charges for goods or services on this account or the last payment made(which ever occurred later) is more than two years ago, that the debt is consequently timed barred by the Statute of Limitations.

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Answered on 1/21/08, 7:39 am


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