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What is the statute of limitations for collections of credit card debt in Virginia?
Anonymous1 views2 answers
A debt collector has made a remark on my credit report regarding a $5200 debt from 2006. I am unaware of this debt & suspect something must be wrong. I've read in Virginia the Statute of Limitations is 3 years. Is this accurate? If so, can I contact the collector & request a letter stating the issue will be closed due to the statute of limitations being up?
Debts are actually reported for 10 years according to the Fair Credit Reporting Act. However, if you do not believe that it is yours, then dispute it with the credit bureau. If you receive a debt collection letter, dispute it with the debt collector as well.
Virginia's statute of limitations for credit cards is 3 years from the date the card went into and remained in default. This debt appears to be too old. If you have made no charges or payments since 2006 (or never if it is not yours), then you have a defense. If you are sued, you must appear in court and argue that the debt is too old or you waive this defense.
[This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]
You're confusing the statute of limitations for reporting (7.5 years per the FCRA) with the statute of limitations for suing (I'm not a Virginia lawyer, but I've seen a good argument that the SOL on credit cards in Virginia may be only 2 years).
The debt can appear on the credit report for 7 years from the DOFD (date of first delinquency), or 7.5 years from the DOLA (date of last activity), which should produce the same drop date, since DOLA is 180 days after DOFD.
