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being sued for cc debt in VA...help, please!

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jcwang
Established Member

Re: being sued for cc debt in VA...help, please!

Thank you to everyone for your contributions thus far...it has certainly put me at least somewhat at ease about my current predicament however I will not fully be at ease until I go to court and face everything.

 

llecs, you mentioned you were from No. Va...are there any attorneys you could recommend I consult with (prefereably free of charge but I would not be opposed to a one-time consultation fee) regarding this matter? I just want to have my facts straight when going into court and have someone of legal expertise go over my documents (CR's, affidavit's, court summons, etc) and get a better idea of my chances and also so that I know I'm not being taken advantage of by this CA.

 

Can anyone also point me to the Virginia code regarding matters such as this (SOL's, revolving accounts considered as open accts or written contracts as the CA has noted on the court summons this CC debt is BOTH an open acct AND written contract)...preferably from a credible website (i.e. Va website, etc)? I am not very literate when it comes to legal jargon and would become instantly frustrated.

 

Also, do any of the rest of you agree that my SOL defense has a legitimate shot? I understand the whole "you won't know until you try" mentality, but I don't want to go into court blind with a one track mind. Again, appreciate everything thus far...please feel free to add any advice and/or suggestions.

Message 11 of 12
Anonymous
Not applicable

Re: being sued for cc debt in VA...help, please!


@jcwang wrote:

Thank you to everyone for your contributions thus far...it has certainly put me at least somewhat at ease about my current predicament however I will not fully be at ease until I go to court and face everything.

 

llecs, you mentioned you were from No. Va...are there any attorneys you could recommend I consult with (prefereably free of charge but I would not be opposed to a one-time consultation fee) regarding this matter? I just want to have my facts straight when going into court and have someone of legal expertise go over my documents (CR's, affidavit's, court summons, etc) and get a better idea of my chances and also so that I know I'm not being taken advantage of by this CA.

 

Can anyone also point me to the Virginia code regarding matters such as this (SOL's, revolving accounts considered as open accts or written contracts as the CA has noted on the court summons this CC debt is BOTH an open acct AND written contract)...preferably from a credible website (i.e. Va website, etc)? I am not very literate when it comes to legal jargon and would become instantly frustrated.

 

Also, do any of the rest of you agree that my SOL defense has a legitimate shot? I understand the whole "you won't know until you try" mentality, but I don't want to go into court blind with a one track mind. Again, appreciate everything thus far...please feel free to add any advice and/or suggestions.


You really should seek local counsel.

 

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC08001000004000000000000

 

§ 8.01-246. Personal actions based on contracts.

 

2. In actions on any contract which is not otherwise specified and which is in writing and signed by the party to be charged thereby, or by his agent, within five years whether such writing be under seal or not;

 

4. In actions upon any unwritten contract, express or implied, within three years.

 

Civil procedure law varies from state to state, but in many states credit card debt (aka open-ended consumer credit) is generally an unwritten contract.  In Virginia the SOL for unwritten contracts is three years.  For written contracts it is five years.

 

Now, a brief rundown on contract law.  Generally a contract involves a document that you physically set your hand to.  These days most credit card applications are submitted via Internet and thus you do not physically affix your signature in the traditional sense.  If, however, the account you are having issues with was applied for with a physical application which you actually signed, your statute of limitations would be five years. 

 

An application submitted via Internet is not generally considered "in writing and signed by the parties," but a court could very well rule that it is based on the use of digital "signatures."  Granted this would raise the burden on the creditor in proving their case, but a lot depends what courts in your area are prone to do.  Since the creditor is claiming that their cause of action is predicated on a written contract, this could be cause for concern.  Probably the safest and most reliable method to determine what courts in your area are prone to do is to consult a local attorney.      

 

You can call the VA Bar Association and they can give you a referral to a local attorney with a reduced rate for the initial consultation.

Message 12 of 12
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