Legal Question in Credit and Debt Law in Virginia

Re: Statue of limitations

Well, first, if you go to the courthouse and look

up your file (ask the clerk), then you WILL see

a complete record of what happened and you will

have proof of what happened.

Pay very close attention to the exact financial

numbers on the original judgment and as shown in

the garnishment, as it can get confusing (for

BOTH sides) to get the numbers exactly right.

The statute of limitations only applies to

the time before filing a lawsuit to get a court

judgment. Once a creditor files a lawsuit and

gets a court judgment, the judgment will be good

for 10 years from general district court and

20 years from circuit court.

If they really did take too much, you can sue

them for the balance, including in small claims

court. Talk to the Clerk for the forms to fill

out.

Meanwhile, if you remain convinced that you do

not owe the money after examining the court

record in your file, then talk to the clerk and

file the EXEMPTION form, writing in that the

debt was already paid. THen ask the Clerk to

put the case on the court's docket very soon,

which usually must be done within 7 days for

your benefit (to get a quick hearing). This

will force a hearing and decision by the judge

as to whether or not you have already paid the

court judgment.