Legal Question in Credit and Debt Law in Virginia
I live in California and received a phone call from a collection agency in Virginia. I told them I would not be able to pay until next week. Does this verbal acknowledgment mean the statute of limitations is reset? What state law do I go by California or Virginia? The last activity on the debt was in 2003 (the collection agent told me over the phone but refuse to send me anything in writing until I have paid off the debt) and I have lived in California my whole life.
1 Answer from Attorneys
Even under the broadest interpretation of the applicable Virginia statute of
limitations in the situation described, the creditor's (or its successor in interest) right to collect this particular debt would've expired sometime in 2008 and your ill-advised verbal allusion to possibly being able to pay something in the coming week is unlikely legally sufficient to have reset the "debt collection clock", so to speak, in this particular matter (my opinion).
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