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Does anyone know the sol for a payday loan in VA? My dh has one from 2005 & I wanna find out the SOL to form my plan of action on this.
Thanks in advance!
From what I reading I think it's 5 years but would love conformation. My hubby had a payday loan from 2005 & they took a judgement out against him. He was never notified of this as they used the wrong address & we have proof of his current address. So, if statue of limitations are up on this payday loan, should he have to pay the judgement?
Once there's a judgment you can't assert SOL. SOL is an affirmative defense when and if you're sued, the judgment means your DH was sued and the creditor obtained a judgment.
If you weren't properly served, you would have to file a motion to vacate the judgment based on lack of service. It sound like this was a default judgment, which means they showed up, DH didn't (because he didn't know about it) and creditor obtained the judgment.
+1
If service was made to an improper address, what action was taken to keep the creditor apprised of current address?
Was it the actual payday loan company that sued you or was it a collection agency? If it was a CA, you would likely have a cause of action against them for suing you when the SOL was expired.
This does not, however, nullify the original judgment. Depending on the specifics of your actual case, there may be a chance that you were not properly served. were that the case, you'd have to file a Motion to Vacate with the court and they'll likely schedule a hearing to consider the issues. If and when the court actually vacates the judgment, if the SOL had expired before you were originally sued then any subsequent suit would be time-barred.
I would first research the specifics on personal service in your state's civil procedure law. If the old address in which you were served belonged to a relative and they accepted service, it may be considered proper service. Nail & Mail may also be considered proper service albeit to a prior address if the creditor had no knowledge of your new address. Check your state's civil procedure law and then decide if you want to attack the judgment.