Legal Question in Civil Litigation in Virginia
Collect Calls that are 17 years old
The mother of a girlfriend I had 17 years ago called and stated that she had a judgment against me for collect calls I placed 17 years ago to her daughter while I was in the Army. She additionally stated that a Judge had tacked on an additional 10% APR to the bill. Initially she stated that I owed a $600 phone bill for collect calls her daughter accepted and with the additional 10% APR (by a Judge) the total amount I now owed was $2000.00. According to a representative at the FCC, he stated that generally the name of the person on that phone account is responsible for the bill. What can I do? I would gladly pay this unstable person $600 to just go away, but for a judge to add an additional 10% a year for the past 17 years....what should I do?
2 Answers from Attorneys
Re: Collect Calls that are 17 years old
Insist on a certified copy of the judgment about which you are being told 17 years later and if you get such a document then you need to deal with it, assuming such a document exists. If it does there may be ways to set it aside as you suggest you had no notice of any of this.
Re: Collect Calls that are 17 years old
I am unclear from the subject heading of your post whether you are in Virginia or Tennessee. Either way, I would first endeavor to determine if there is, in fact a judgment against you. Your message suggests that the recent call was the first you heard of it.
Before a judgment may be obtained against you, some sort of notice of the case must be served upon you. If there is a judgment, but you were never served with notice of the filing of a case, you might be able to have the judgment set aside.
Also, in Virginia, general district court judgments are only enforcable for ten years unless the time is extended which requires a filing with the clerk of court.
You might do well to contact an attorney regarding your dilemma.
Robert H. Smallenberg
(804) 788-1956
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