Do you know the SOL for collectioning a debt In VA?

Question

Hello, can you please tell me the SOL for a collection agency, if no payment was ever made. How many years do they legally have to collect it ? Its for Va..Its for a hospital debt . I read it was 3 years, but some people say 7...Can someone please check for me? Im not familiar with the terms and I may be reading it wrong. This is not a judgemEnt, but a collection debt. THANKS!!

Answer 1

They can legally collect on the debt until you die. The SOL is an affirmative defense in a court of law if you are sued (they can sue you after, but you then answer with the SOL as your defense). The debt does not disappear just because a certain amount of time has passed.

If the debt falls under written contract law, then they have 5 years to sue you. If the debt falls under open account law, then they have 3 years. Without knowing what you have signed, I cannot answer more definatively.

The seven years you refer to is the amount of time a negative entry can remain on your credit report...this would be 7 years from either the date of last payment, or the date of charge off--whichever occurred later.

Answer 2

Medical SOL's fall under the UCC with a 4 year SOL that starts from the date of service.

Keep in mind that if the hospital receives any funding from the state, government, etc., and if your only defense is a SOL defense, it may not help you if they decide to sue.

Keep a very detailed log and folder of every letter, every phone call (date, who you spoke with, what was said, etc), every credit report, etc., where they may have violated your rights.

IF they decide to sue you can always claim affirmative defense of SOL (if it has been longer than 4 years) and that would make "them" have to prove you have no SOL defense.

Plus, if you have proof of any violations, you can file counter claims against them. <

Answer 3

here you go.

10 pts please.