Legal Question in Credit and Debt Law in Virginia
Hello
I loaned money to a former friend back in 2003. She just recently starting paying me back $10/week. These are terms she has come up with and I agreed to them. Lately she has been lapsing on her payments and I am growing impatient and would like to take her to court. My concern is that I loaned her the money back in 2003 and this may be beyond the statute of limitations in VA. Since she started paying me back recently, can I take her to court?
Sincerely, Maria A.
1 Answer from Attorneys
Yes, since by starting to repay this debt, your friend in effect renewed her obligation to you which previously may have been legally uncollectible due to the expiration of the applicable statute of limitations( 3 years on an oral and 5 years on a written contract, respectively).