Legal Question in Credit and Debt Law in Virginia

Re: Responsibility for delinquent medical bill

Five years on signed agreements, measured from the date of the last circumstance to which the breach of the agreement may be legally attributed.

Re: Responsibility for delinquent medical bill

The statute of limitations for a written contract

is 5 years from the time that the last payment

was DUE (not from when the contract was signed,

but when the contract was breached, when

something was due that was not done by you).

However, Virginia allows a creditor to file a

lawsuit anyway. You must show up in court and

object and raise the defense of the stautute

of limitations. It will probably be set for

trial and you will need to show up for trial

and again object on the basis of the statute

of limitations. Virginia figures that you can

always agree to pay regardless of the SoL, so

you have to show up and object.

At that point you will win.

However, there is nothing to stop people from

calling you and harassing you. You have to

stay strong.

Also, if you make any written promise to pay,

then the statute of limitations will be restarted

from the time you make a written promise to pay

the balance.

Also, if you made any payments on the account

during that time, that could complicate things.

For a verbal contract, that would restart the

clock. It is unclear if that is true for a

verbal contract.

The statute of limitations stops running when

an actual lawsuit is filed in court.