Legal Question in Credit and Debt Law in Virginia
Dear Sir,
We live in the state of Virginia and loaned an individual, monies in the amount of $1603.00 in May 2002. At the time of the loan we all signed a promissory note. After making 14 payments of $25.00 totaling $350.00 deposited into our account, she stopped all payments, and moved to the state of Massachusettes. We had no contact until recently when we received her current address.
We sent her a follow-up letter on July 15, 2010 asking for the balance owed. She in return sent a money order for $50.00, with no explanation, or payment plan, or phone call.
With her living in another state, we want to know our rights and options on collecting this debt?
1 Answer from Attorneys
The applicable Virginia statute of limitations would appear to have expired
on this particular the loan, i.e., more than 5 years with no payment,
making the loan uncollectible, but the recent referenced $50.00 payment which you've received may in fact have revalidated the obligation, now
making the balance owed on the loan fully collectible.
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