Q: Can I be sued for a debt that is over 13 years old? I have no record of the account, nor does the original issuer.
I have received no letter despite being informed they sent one. They called from four different numbers, but left the same message at my number, my wife’s, my mother in law, and my mother in the same day within minutes.
We did return the call but insisted we did not know of the debt. My wife took down the details but didn’t agree to pay nor make a payment plan.
We were advised that they would file a suit against us in three days.
Original account was in OK, we now reside in VA.
We checked our credit report and the debt is not there; we also spoke with the original issuer who has no records of it either.
They did not give us an address, and the number they had us call back is not showing up registered to any business via google search.
What actions should we take to protect ourselves?
A: In Virginia, the Statute of Limitations for a written contract/agreement is 5 years. The Statute of Limitations for an unwritten/oral agreement is 3 years. The defense of a Statute of Limitations is an affirmative defense that must be asserted in opposition to the claim of the other party.
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