Legal Question in Credit and Debt Law in Virginia

If the statute of limitations has run out can they still garnishee- (spelling?)your wages for a co-signed auto loan contract?


Asked on 7/20/10, 10:52 am

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Well, if they got a judgment already before the statute of limitations ran out, then yes. The statute of limitations means that they must file a lawsuit within 3 years on a verbal contract or open account or 5 years for a written contract. But once they file the lawsuit, if they win, they can then collect on the court judgment. In Virginia, they can file a lawsuit even when the statute of limitations has expired. But if you objectg, then the lawsuit is dead. If you don't answer the lawsuit or show up in court, then you may waive your rights by being in default.

However, note that it is very common that you get sued at an old address and don't know about it. In this case you can definitely file a motion to vacate judgment and get the judgment thrown out and start over again.

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Answered on 7/20/10, 6:58 pm


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