Q: Recd warrant in debt 4 VA rental surrendered 2/13. Due to biz fail. Stat of limitations? No prev contact prior to cert
We live in Fl since then. Am on TTD & undergoing back surgeries. Court date next wk. what should I do?
A:
Hire a local attorney to defend the case. If you don't do anything, you will have a default judgment entered against you, and at some point, the plaintiff may pursue assets of yours in Virginia (if any), and if the amount is significant enough, possibly against you in Florida.
If your message means that the property was surrendered in February 2013, there's a chance, depending on what exactly happened and on the terms of the contract, that you may be able to allege that the contract's statute of limitations has expired (5 years). Again though, it depends on what exactly occurred. For example, if the contract provided for a term that lasted beyond February 2013 such as April or May 2013, it's very likely still enforceable as the contract did not terminate until that time. If you and the landlord mutually agreed to terminate the contract in February 2013, while you could still owe payments on the contract, it's possible that its duration ended in February 2013 and the landlord would have five years to file a case from that point in time.
In short, if there's a lot of money at stake, you will want to consult with a Virginia business/landlord and tenant attorney promptly.
A: Call the court and tell them about your TTD and back surgery and can't make the court date.
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