Legal Question in Credit and Debt Law in Virginia

I'm being sued for a credit card debt ( $4,900)....It is past the statute of limitations (in my state, 3 yrs for open end ed accounts)...
My question is- how would the opposing attorney get around the three year statute? How might he try to 'toll' it or extend it ( Ive never made any payment after default) and what would my response to that be? Might he try to redefine the debt as a written contract, to get a 5 yr. SoL? If so, how do I fight back? Would a written original contract suffice to make it a different kind of account from open ended? What federal statutes can I refer to for help? Also, I think my communications with their attorneys have so infuriated them that they might try to charge me with some sort of fraud. Can me being a good -always- paying- on time customer for six years prior, obliterate that argument? ( goes to intent ) Thank you very much.

Asked on 12/04/10, 6:51 pm

Michael Hendrickson Law Office Michael E. Hendrickson

0 users found helpful

0 attorneys agreed

Better arrange for a consultation with an attorney with experience in

representing clients who are defendants in these kinds of matters, and

who should be able to instruct you on how to draft a grounds of defense

in your particular case which may have some chance of prevailing against your adversaries.

Answered on 12/09/10, 7:11 pm

Keywords

Match Any Match All

Country

State

Area of Law