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Statute of limitations ( Charge Off) In Virginia

BayHouse Credit Forum: 10/1999 to 01/2001: Credit Reporting, FICO Credit Scoring, Disputes, Collections, Charge-offs, Bankruptcy, CCCS: Uncategorized Archive 5: Statute of limitations ( Charge Off) In Virginia
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Brett Andrews (Bmc)

Sunday, June 18, 2000 - 07:49 am Click here to edit this post
What is the statute of lim. on this in VA

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Michael Bardelli (Bull22)

Sunday, June 18, 2000 - 08:36 am Click here to edit this post
The statute of limitations in Virginia(I am a virginia beach resident) is 6 years on written and oral contracts. If you have a charge off it was probably the result of a written contract. If you opened the account more than six years ago, then you don't owe the debt anymore.

Mike

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Brett Andrews (Bmc)

Sunday, June 18, 2000 - 08:49 am Click here to edit this post
Thanks Mike.
I have only lived here a year if I move to a diffrent state for a new job does this start all over again. What does the sol apply to the state you were in when you opened the account the location of the company the account is with where you live etc?

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Christine Baker (Admin)

Sunday, June 18, 2000 - 10:53 am Click here to edit this post
Mike, that should be 6 years from the last time the account became delinquent and NO further payments were ever made.

It's irrelevant when you OPEN an account.

And it's been discussed here, doesn't the SOL of of the State apply where the account was OPENED?

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Shylock (Shylock)

Sunday, June 18, 2000 - 12:04 pm Click here to edit this post
Well, if what was said previously is right and the person who sues is required by the Fair Debt Collection Practices Act to sue in the debtor's home state then perhaps where the person lives right now is the most important thing.

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Brett Andrews (Bmc)

Sunday, June 18, 2000 - 12:23 pm Click here to edit this post
Thanks Mike and Christine
What happens if I relocate to a diffrent state then is it that states amount of years from the last paymnet

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Rhonda (Rhonda)

Sunday, June 18, 2000 - 01:41 pm Click here to edit this post
Two states are relevant: the one where you signed the contract to open the account and the one where you are currently living. Per the FDCPA, the creditor can sue in EITHER of these two states, and could therefore select the one with the longest SOL.

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Shylock (Shylock)

Sunday, June 18, 2000 - 05:28 pm Click here to edit this post
I'd love to have a link to the exact portion of the FDCPA that controls that, if you get a chance.

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Rhonda (Rhonda)

Monday, June 19, 2000 - 11:11 am Click here to edit this post
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#811

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Christine Baker (Admin)

Monday, June 19, 2000 - 05:20 pm Click here to edit this post
There's just nothing like a .gov link. Appreciate it, Rhonda.

Now, what about the original creditor who isn't limited by the FDCPA?

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Shylock (Shylock)

Tuesday, June 20, 2000 - 02:03 pm Click here to edit this post
Well if that person retains an attorney then that attorney will be bound by the FDCPA. Only those principals operating 'pro se' will be exempt... or so it appears.

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Christine Baker (Admin)

Tuesday, June 20, 2000 - 05:04 pm Click here to edit this post
Thanks!


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