Legal Question in Credit and Debt Law in Virginia

past debt

i had obtained a loan in 1998 in NC. a second mortgage loan. i filed bankruptcy in 1999 in NC. i continued my bankrupcy successfully for 3 1/2 years but defaulted on the last 8 months and was discharged. i moved to VA in 2004 and still remain in va. i had just recently started recieving letters from a collection company first that threatened to take me to court for the remaining balance but shortly after i no longer heard from that company any more. Now within the last day or so i recieve a letter from a va lawyer stating to respond on the validity of the debt within 30 days or i may have a judgement cited against me. While i was under bankruptcy this company was written by my bankruptcy lawyer stating that they needed to file the proper paperwork for NC to claim their money and it never happened. Now almost 9 years from file date May 1999 and 5 years from discharge date they are threatening me with court. has the statue of limitation ran out for this matter or can they move the matter from state to state and get results. the amount has changed considerable from the first collection agency letter a year ago to this va lawyer writing me. in the amount of more than afew thousand dollars.


Asked on 5/06/08, 2:51 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: past debt

Write the threatening one that you now dispute this debt on the basis that the statute of limitations has now run on this claim from the year 1999 and, furthermore, the creditor company had an opportunity to present its claim to the bankruptcy estate in 2003, and, apparently, failed to follow through for whatever reason, and, therefore, goodbye, and don't bother writing or contacting again for any reason having to do with this particular claim.

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Answered on 5/06/08, 4:44 pm


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