Summoned To Court Over An Old Debt

[onsite]

I just recieved a summons to appear in court for a old credit card debt from the year 2002.

I believe the statute of limitations is 3 years in my state (VA) on credit card debt.

Any advice would be appreciated.

[Betty3]

I just recieved a summons to appear in court for a old credit card debt from the year 2002.

I believe the statute of limitations is 3 years in my state (VA) on credit card debt.

Any advice would be appreciated.

The courts in some states are starting to consider credit cards (unless it is a store card) as a written contract with the longer SOL. However, per some info I have read, some judges in Va. are still considering them as an open acct. with the shorter SOL. (3 yrs.) It's how the individual judge interprets the law. Therefore, I would suggest you try using the SOL has expired defense when you go to court. The SOL for a written contract in Va. is 5 yrs. - it might even be expired - I don't know when in 2002 last activity was on the acct.

[lwpat]

You need to answer the complaint and plead the affirmative defense of SOL. You waive by failing to plead it in your answer.