Legal Question in Credit and Debt Law in Virginia

How long are you liable for a debt

I had a car that was repossesed 10 years ago. I have a law firm that is acting as a debt collector that keeps sending me letters saying I owe money to Ford Motor Credit. Am I liable even though they got the car some 10 years ago. I also recently received a summons to answer interrogatories from the district court where I was living at the time. This was mailed to me regular mail(no certified) Is this just a ploy to get me to appear in court by the debt collector.


Asked on 10/09/01, 6:20 pm

2 Answers from Attorneys

Daniel Press Chung & Press, P.C.

Re: How long are you liable for a debt

If there is a Summons to Answer Interrogatories, there is a judgment entered against you, and it is probably too late to defeat it on the merits. So you owe the money. Judgments are valid for 20 years, renewable indefinitely. You are required to appear in the court at the time scheduled and answer questions about your assets, income, etc. If you do not appear, you will at a minimum be ordered to show cause why you should not be incarcerated for failing to appear, and may be simply arrested.

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Answered on 11/21/01, 4:44 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: How long are you liable for a debt

A summons is a court order and not to be ignored, nor is it a "ploy." You had better do as the court orders. Have you been served with a summons and complaint. That is how a party would initiate a legal proceeding. If you were, and did not file an answer, a default may have been taken against you. If you were not, and the other side said that you were, and took your default, they are perpetrating a fraud upon the court and you should move to vacate the default or default judgment. This, of course, will require you to seek representation in the other jurisdiction. That attorney can advise you better about the status of the case in that jurisdiction.

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Answered on 11/21/01, 5:27 pm


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