Charlottesville, VA asked in Banking, Civil Litigation and Small Claims for Virginia

Q: A collection agency is trying to collect a debt from 11 years ago with Wachovia bank.Wachovia said it’s written off

I have phone recordings of both collections and bank. Wachovia says they stopped collections 2-3 years ago of statute of limitations.

1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
  • Business Law Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: If the origin of the debt was in Virginia and was connected to a written agreement, there is a 5 year statute of limitations that applies to the debt. The Statute of Limitations defense is an affirmative defense so it must be raised after a lawsuit is filed.

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