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  1. #1
    Join Date
    Jun 2007
    Posts
    9

    Default Summoned To Court Over An Old Debt

    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.

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Summoned To Court Over An Old Debt

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    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.

  3. #3

    Default Re: Summoned To Court Over An Old Debt

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

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