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Old 12-06-2004, 09:29 AM
apophis12
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Statute of Limitations


What is the name of your state? Virginia

After my divorce in 1997 I had 3 credit card defaults. One has fallen off my credit report and the other two will fall off next year. I need to know how long the statute of limitations is for these companies to sue me. My accounts have been transferred/sold to several collection agencies over the years and they still send me collection letters every month. I have read that, after the statute of limitations is over, I can send them a letter stating such and there is nothing they can do. Is this true? Can these accounts be added back to my credit report after they fall off?

I lived in another state at the time of default (West Virginia) and I now live in VA.

I've waited a long time for my credit score to recover from my divorce and would like to keep it rising, so I don't want to do anything that will bring it down again.
  #2  
Old 12-06-2004, 04:31 PM
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Join Date: Jan 2003
Location: Pennsylvania
Posts: 690
West Virgina SOL for OPen accounts: 4 years from default
Virginia SOL for Open Accounts: 3 Years from default.

Send a cease and desist letter to the Collection Agengcys.

A credit card falls under the parememters of an Open/Revolving Account.

Rarely can a collection agent win a case if the SOL has run out. An Affirmative defense is the SOL. Unfortunately some folks dont show up to defend themselves with this very defense and Plaintiffs win. Thus why its so important to answer any summons.
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