Fairfax, VA asked in Collections for Virginia

Q: Can a company back bill me 3 yrs later?

I rented a mobile storage unit. I was to be on auto billing monthly. I was auto billed for the first 9 months after that the inadequate employee stopped doing his job and did not bill me monthly for auto billing. 3 yrs later they pick up the unit. Six months after pickup they send a bill for all the months not paid. I was never sent any monthly invoices up until the final bill. This is in Virginia.

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1 Lawyer Answer
Gregory Byrnes
Gregory Byrnes
Answered

A: Generally yes, they can still collect because you have not fulfilled your requirements under the contract. However, there are two areas of law you should look at in Virginia: 1) what is the statute of limitations on breach of contract and debt collection, and 2) did they waive their right to collect payment under the contract. You should also review your contract for its terms. I am not a Virginia attorney so I can't tell you what the law in Virginia is, but I believe it would be unlikely either would prevent the storage company from collecting in this circumstance.

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