How to Use the Statute of Limitations as a Defense
My question involves collection proceedings in the State of: Virginia. I've received a garnishment summons and I'm not sure but I believe it could be outside the SOL for VA. I don't have transaction records for the card (Discover) on hand. I've called the card company and they referred me to the collection agency, who referred me to the court clerks office. The clerk didn't have the info. Where can I obtain a record of payments at this time to verify compliance with VA SOL? It was my understanding that the collection agency had all the account info, am I asking the wrong way? Thanks.
Re: Virginia Sols and How to Obtain Old Account Info
an open account (which is what a credit card is supposed to be considered) is 3 years from first delinquency. That is the first date a payment is missed, usually.
as to obtaining old account info; if you don't have it, ask the creditor. If you are being sued, ask for it via discovery.
Re: Virginia Sols and How to Obtain Old Account Info
A garnishment summons indicates to me that you've been sued and a judgment has been entered. Not sure what you mean by "clerk didn't have the info," but if you were asking the court clerk for "transaction records" on a credit card, I don't know why they would.
"Where can I obtain a record of payments at this time to verify compliance with VA SOL?"
I'm sorry, but if you didn't keep records of your payments, it won't be a simple matter (and I'd like to think you'd have some way to figure out what payments you made to your own creditor). First, I'd figure out whether there's a judgment against you. :)
Re: Virginia Sols and How to Obtain Old Account Info
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RVAgal
My question involves collection proceedings in the State of: Virginia. I've received a garnishment summons and I'm not sure but I believe it could be outside the SOL for VA. I don't have transaction records for the card (Discover) on hand. I've called the card company and they referred me to the collection agency, who referred me to the court clerks office. The clerk didn't have the info. Where can I obtain a record of payments at this time to verify compliance with VA SOL? It was my understanding that the collection agency had all the account info, am I asking the wrong way? Thanks.
yep, agree with foster-foster.
If they are attempting to garnish, they already have a judgment. I would worry less about the account info and start checking the court for judgments against you.
the collection agency doesn't have all of the account info and if there is already a judgment, it is irrelevant who has it. That part of the situation is done and over with.
The statute of limitations on a judgment in Virginia is 10 year plus renewable for it if issued by a general district court or 20 years if issued by a circuit court so, if they already have a judgment, they can attempt to collect for either 10 years (20 total if renewed) or 20 years outright.
Re: Virginia Sols and How to Obtain Old Account Info
It appears they have a judgment and they are proceeding with a garnishment. Is it possible for the person to present evidence to the court that the suit was filed outside of SOL therefore making the judgement invalid?
Re: Virginia Sols and How to Obtain Old Account Info
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nardva
It appears they have a judgment and they are proceeding with a garnishment. Is it possible for the person to present evidence to the court that the suit was filed outside of SOL therefore making the judgement invalid?
Nope. A statute of limitations defense is what is called an affirmative defense. It must be argued when you are sued. If you didn't present it then, it is not available as a justification to vacate the judgment now.
Why did you not defend the suit with such a defense when originally sued?