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My car was repossessed in 4/2008, then I was contacted by collection company in Feb. of 2009 with a settlement offer of $2600

Midlothian, VA |

I paid them $1300 and they stopped collection efforts. In April of 2014 I was contacted by the original creditor requesting payment of $4700 and they have reported this on my credit report. Since I have not been contacted by them in over 5 years can they still collect and put it on my credit report? How does the statue of limitations play a part in my situation? Please assist
thank you

Attorney Answers 3

Posted

If it has been more than five years since your last payment you are outside the statute of limitations in Virginia and the debt is time-barred. This could change if you have made any statements to the company about negotiating on the debt so be careful what you say on the phone. If you don't believe you owe anything, send the collector a letter stating that the debt is time-barred and that you don't want to be contacted again. This will stop them from doing so (legally anyway) and they will only have recourse to taking legal action, in which case your statute of limitations defense will protect you.

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Posted

State laws called Statute of Limitation determines how long a creditor has to sue you for a debt & these laws vary widely between the states. I suggest looking at these laws directly as most states post all their laws on the state website or at a local law school. Hope this perspective helps!

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Posted

The fact that you have not been contacted in over 5 years in most cases would not be a defense to the debt. It may be that your circumstances have changed and they now have attachable assets.

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