Satute of Limitations in Virginia

Discussion in 'Credit Talk' started by DMurphy76, May 9, 2002.

  1. DMurphy76

    DMurphy76 Well-Known Member

    I was wondering if anyone can tell me where to find something official stating the statute of limitations? I looked it up on different websites and some say 5 years and some say 6. I have learned not to believe just anything posted on the Internet, so I am looking for some sort of "official" state of Virginia website or something that lists the SOL's.

    I have 3 collections accounts that I want to find the SOL for before I wage war. One is a phone bill, one is a hospital bill, and one is from an apartment complex. I guess these are all written contracts?

    Please help me if you can. I just want to know for sure before fighting them.

    Thanks!

    Dan
     
  2. breeze

    breeze Well-Known Member

    From the Code of Virginia:
    http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-246


    Translated:Written contract 5 years VA Code 8.01-246
    Oral contract and open accounts 3 years VA Code 8.01-246

    Other limitations of actions in VA:

    Personal injuries 2 years VA Code 8.01-243
    Property damages 5 years VA Code 8.01-243
    Enforcement of deed of trust or mortgage 20 years VA 8.01-241
    General statute of limitation for personal action accruing on or after July 1, 1995, and not otherwise prescribed under the Virginia statutes. 2 years VA Code 8.01-248
     
  3. DMurphy76

    DMurphy76 Well-Known Member

    Thanks!!! Exactly what I needed. Is a phone bill considered a written contract or oral contract? I don't remember signing anything.

    Dan
     
  4. breeze

    breeze Well-Known Member

    I believe it falls under UCC "sale of goods or services" - open account. See number 4. VA almost always defers to federal law, if there is one. I guess it's because we're so close to Washington, DC <g>

    But double check. Why Chat is expert at what is open, what is written, etc. He'll probably drop by today sometime...
     
  5. DMurphy76

    DMurphy76 Well-Known Member

    If Why Chat is here, could you please tell me what rent, hospital bills, and a phone bill are considered? Or if anyone else knows...

    Thanks!

    Dan
     
  6. breeze

    breeze Well-Known Member

    His email is truned on. Go to one of his posts, and click on his name, and you will see the email link.

    Turn yours on! I was going to send you his email address and couldn't.


    Just click on "account" up at the top of the page and you go to your account.
     

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