Legal Question in Credit and Debt Law in Virginia
Questionalble vehicle repossession
I owned a vehilcle and satisfied a loan with a used car delaer about 4 years ago. My parent's home was visited at 1am this morning by a ''private investigator'' looking for the vehicle, which has not been in my possession for over 3 years. When I contacted him, he was rude and threatened to have me arrested for stolen property (the vehicle in question). I can find no state or Federal agency that can verify the license number he gave me. Prior to my mother calling him out as he snooped in the yard, she heard car doors opening and closing, and thinks he also may have enterred the garage. 1) Is there a statute of limitations to pursue a debt in Virginia? Does 3+ years exceed that limit? 2) If this ''investigator'' is licensed or not, can he be prosecuted for trespassing, breaking and enterring vehicles or a garage? 3) What kind of proof of debt may I demand before proceeding? 4) is the business that hired the investigator liable civilly or criminally for any possible violations committed by his agent?
1 Answer from Attorneys
Re: Questionalble vehicle repossession
1. 5 year SOL on a written contract.
2. Private investigators may not enter or come on to private property without proper permission authorizing such entry, and are subject to trespass laws and criminal prosecution as any other intruder would be.
3. One accused of nonpayment of a debt always has the right to demand credible proof that such is in fact owed(or still owed).
4. The business which hired the investigator to presumably repossess this vehicle would not be civilly liable for this person's wrongful actions as an independent contractor.
There are, however, numerous unanswered questions attached to this scenario, one of which is if you supposedly satisfied the loan on the vehicle and disposed of it some three years ago(presumably transfering title at that time to someone else), why would you now be asking about a statute of limitations?
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