Legal Question in Credit and Debt Law in Virginia

Warranty Company Default

I received a Notice of Unpaid Invoices from a Debt Collecting Attorney for a repair company who replaced my water heater in Jun2006. I had a home warranty so I paid the deductible to the repair company at the time of service. I have since sold the house and moved and was not aware until today, 3Nov2008, that the repair company did not receive payment from the warranty company. The warranty company has gone out of business. The repair company is suing me for original debt, interest and attorney fees. Am I liable? Is there a statute of limitations? How do I handle this? Thanks


Asked on 11/03/08, 8:39 pm

2 Answers from Attorneys
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: Warranty Company Default

1) Quite possibly 2) Yes, but would not apply here. 3) Consult a good consumer lawyer, who can also analyze the collection letter for potential claims under the Fair Debt Collection Practices Act. Good luck.

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Answered on 11/04/08, 7:53 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Warranty Company Default

A statute of limitations defense would not appear applicable to this situation which appears to

involve an alleged breach of contract on your part

with a possible SOL of five years dating from 06/2006.

I would suggest a consultation with an attorney who handles consumer affairs type legal issues who could then review the relevant documents pertaining to this matter and advise you, accordingly.

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Answered on 11/03/08, 11:48 pm


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