Had a hearing on my MTC Arbitration yesterday. I think it went okay, had some back and forth with the attorney. He asked the judge to make me pay for all fees since I was asking for private arbitration. Judge did not agree with that but he did grant my motion.
So now, I am filing with JAMS for arbitration.
If they agree to that most likely they will want a consent judgment. That means if you are late or miss even ONE payment they do not need to sue you again they can simply record that judgment with the court and garnish wages or levy a bank account. DO not agree to this if you are financially unstable. Settlement discussions are not admissible in court so there is no risk in discussing options.
Many courts have a pre-printed answer for that you can use. See if your court does.
@brotherskeeper In the warrant in debt , unederneath CLAIM: they said its an open account. What do you think of this link?
https://protectingconsumerrights.com/debt-collection-problems/statute-of-limitations-by-state/states/virginia/#:~:text=In Virginia%2C during the time,file suit against a consumer.
In Virginia, during the time period in which an account remains open, and no payment is made on the account, a collector has a statute of limitations of 3 years from the date of last payment or last charge for goods or services rendered on the account to file suit against a consumer.
If a debt is based on a written contract (non-Uniform Commercial Code) the statute of limitation period is 5 years.