VaSwtness Posted July 19, 2003 Report Share Posted July 19, 2003 I clicked on the link above to find out the Statute of Limitations in Virginia for Open-ended accounts. It tells me 3 yrs. An attorney told me 6 yrs. How can I find out which it is? Link to comment Share on other sites More sharing options...
sisflomi Posted July 19, 2003 Report Share Posted July 19, 2003 Open Acct.:3 Last charge or payment Written Contract:5 Domestic Judgment:20 Foreign Judgment:10 Sales of goods under article 2 is 4 years Link to comment Share on other sites More sharing options...
VaSwtness Posted July 19, 2003 Author Report Share Posted July 19, 2003 Thanks Sis.If I needed to use this in Court as proof of past SOL. Where can I obtain this information? Sorry, new at this and still trying to digest all this great information. I have a CA trying to collect on a credit card. DOLA is 2/99. I told them on the phone (I know but I answered w/out checking caller ID), that the SOL was up and it is uncollectable and I would use this as my defense in court. This, of course, was after they said if I didn't pay now they would seek a judgement. Thanks again. Link to comment Share on other sites More sharing options...
sisflomi Posted July 19, 2003 Report Share Posted July 19, 2003 Thanks Sis.If I needed to use this in Court as proof of past SOL. Where can I obtain this information? Sorry, new at this and still trying to digest all this great information. I have a CA trying to collect on a credit card. DOLA is 2/99. I told them on the phone (I know but I answered w/out checking caller ID), that the SOL was up and it is uncollectable and I would use this as my defense in court. This, of course, was after they said if I didn't pay now they would seek a judgement. Thanks again.You can check sol here. http://www.hpacollect.com/laws/map_laws.htmYou also have to look up your state laws to get the actual statues. I will post them for you in a while. Link to comment Share on other sites More sharing options...
TylerDurden Posted July 19, 2003 Report Share Posted July 19, 2003 Just a bit of an insight about attorneys, not ALL of them are familiar with credit, FCRA, or FDCPA. I was told by a former attorney of mine that a payment to an open-ended account in collection would restart the SOL . In short, I had to educate HER on the stuff I learned from this board! She should have been paying me instead of billing me for teaching her this stuff.If you need an experienced FCRA/FDCPA attorneys, here's a good place to start (this info was given to me by calawyer): http://www.naca.net.BTW, have you asked for DV from the CA?----------------- Link to comment Share on other sites More sharing options...
cybercrusader Posted July 19, 2003 Report Share Posted July 19, 2003 Just a bit of an insight about attorneys, not ALL of them are familiar with credit, FCRA, or FDCPA. I was told by a former attorney of mine that a payment to an open-ended account in collection would restart the SOL . In short, I had to educate HER on the stuff I learned from this board! She should have been paying me instead of billing me for teaching her this stuff.If you need an experienced FCRA/FDCPA attorneys, here's a good place to start (this info was given to me by calawyer): http://www.naca.net.Excellent advice. I too was told the same thing from a so called knowledgable attorney. He also told me CA's that purchase delinquent accounts are NOT debt collectors and that attorneys are under NO circumstance subject to FDCPA. Thanks to this board I said YOU'RE WRONG....and walked out of his office.The naca website is a GREAT place to find an FCRA/FDCPA attorney. Worked for me.... Link to comment Share on other sites More sharing options...
sisflomi Posted July 19, 2003 Report Share Posted July 19, 2003 Here is your state code and section number, its 3 years. If you were sued after the sol is up, you will have to answer the summons and use the SOL as your defense.§ 8.01-246. Personal actions based on contracts. Subject to the provisions of § 8.01-243 regarding injuries to person and property and of § 8.01-245 regarding the application of limitations to fiduciaries, and their bonds, actions founded upon a contract, other than actions on a judgment or decree, shall be brought within the following number of years next after the cause of action shall have accrued: 1. In actions or upon a recognizance, except recognizance of bail in a civil suit, within ten years; and in actions or motions upon a recognizance of bail in a civil suit, within three years, omitting from the computation of such three years such time as the right to sue out such execution shall have been suspended by injunction, supersedeas or other process; 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; 3. In actions by a partner against another for settlement of the partnership account or in actions upon accounts concerning the trade of merchandise between merchant and merchant, their factors, or servants, within five years from the cessation of the dealings in which they are interested together; 4. In actions upon any unwritten contract, express or implied, within three years. Provided that as to any action to which § 8.2-725 of the Uniform Commercial Code is applicable, that section shall be controlling except that in products liability actions for injury to person and for injury to property, other than the property subject to contract, the limitation prescribed in § 8.01-243 shall apply. (Code 1950, §§ 8-13, 8-17, 8-23; 1964, c. 219; 1966, c. 118; 1977, c. 617.) Link to comment Share on other sites More sharing options...
ADSOFT Posted July 19, 2003 Report Share Posted July 19, 2003 Hey, CC how did you go about finding a LAWYER via NACA. Did you go by local area, and how much are you paying these guys??? Link to comment Share on other sites More sharing options...
cybercrusader Posted July 19, 2003 Report Share Posted July 19, 2003 Adsoft, I searched by state, viewed their detailed information, went to their website if they had one, called them up, asked for a consultation, posed a few questions and made a choice. You have to ask the right questions, because even some of the ones listed didn't impress me. After being around this board for a while, you kind of know if the they have a grip on FDCPA/FCRA or not. Besides, the site will tell you their areas of expertise and how advanced their knowledge is. The counsel I found was VERY reasonable and because of some great work, I got my money back. Actually I was going to post some results real soon. Link to comment Share on other sites More sharing options...
ADSOFT Posted July 19, 2003 Report Share Posted July 19, 2003 Adsoft, I searched by state, viewed their detailed information, went to their website if they had one, called them up, asked for a consultation, posed a few questions and made a choice. You have to ask the right questions, because even some of the ones listed didn't impress me. After being around this board for a while, you kind of know if the they have a grip on FDCPA/FCRA or not. Besides, the site will tell you their areas of expertise and how advanced their knowledge is. The counsel I found was VERY reasonable and because of some great work, I got my money back. Actually I was going to post some results real soon.CC, thanksFirst of all I'm glad to hear things worked out for you regarding your case. ... Maybe this is the wrong thread, but it might help those looking a lawyer( ... hey you might want to start a thread on how to find a good FCRA/FDCPA lawyer! I'm sure the members could use the help, once they know they have a violation, we can send them over to NACA.COM). But, In need to find a FDCPA/FCRA attorney to help me settle a JUDGEMENT. Even If I have to pay 33% of the negotiated fee. It will be worth it. Can you give me some pointers on how to find an attorney on NACA to help me!!!!TIA. Link to comment Share on other sites More sharing options...
cybercrusader Posted July 19, 2003 Report Share Posted July 19, 2003 Adsoft, I don't know what else I could say? I guess you make a choice like you would any other professional or business (but pick someone who SPECIALIZES not a GP, general practitioner). I think this was already covered by calawyer and others on the old board but finding the thread would be like looking for Easter eggs...You're right though, this is NOT the right place for this topic (plus, didn't mean to hijack the thread ) Link to comment Share on other sites More sharing options...
ADSOFT Posted July 20, 2003 Report Share Posted July 20, 2003 Thanks,I think I'll start a thread on it next week, ... How to find a good FDCPA/FCRA lawyer. ???That some how realates to the topic on this thread becaue I think the members eventulally have to know how to EFFICIENTLY find lawyer for their CONSUMER DEBT solutions!!!!! Link to comment Share on other sites More sharing options...
VaSwtness Posted July 20, 2003 Author Report Share Posted July 20, 2003 WOOHOO! I go to a BBQ and come back to find some great answers. Again, thanks Sis.As far as the DV, yes, right after I got off the phone with them. This has all happened recently. I did nothing before since they weren't bothering me. Just now starting to clean up my credit. I guess I've opened a few can of worms along the way. But, I wanted to be sure on the SOL. I was pretty sure it was passed. I guess this will leave me some great bargaining power. They can't collect BUT I could settle with a complete deletion. Then they would get something and I'd get what I want!Thanks All!!!!!! Link to comment Share on other sites More sharing options...
sisflomi Posted July 20, 2003 Report Share Posted July 20, 2003 VA, you are welcome, glad to help anytime. Link to comment Share on other sites More sharing options...
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