Legal Question in Credit and Debt Law in Virginia

Re: Medical Bill

Yes, the statute of limitations on a written contract is 5 years from the breach. That is NOT the date it was signed, but the date when payment or something else was due and it was not done. For a verbal contract, the statute of limitations is 3 years from the last date of service or the last payment.

However, Virginia makes the statute of limitations an affirmative defense. That means it is not activated until you claim it.

When you say a judgment was entered, I assume you did not show up, possibly because they used the wrong address. If the creditor filed the lawsuit at the wrong address and should have known with reasonable inquiry it was the wrong address, you can have the judgment vacated for that reason alone (but it would then head into a normal trial).

You should also file a motion to vacate on the grounds that the judgment is void becuase it is outside the statute of limitations. You would be in best shape to also claim that you never got the lawsuit because they used the wrong address. Although many judges will vacate the judgment simply because it is the wrong address, many judges will want you to also show that any reasonable inquiry by the creditor would have revealed that you were no longer living there. For example, if the creditor could have just looked in the phone book to get your current address, then the judge will vacate the judgment.

Go to the clerk's office and ask for the form for a motion to vacate.