Legal Question in Credit and Debt Law in Virginia

What are the procedures for collection preceedings?

I just received a phone call yesterday from a company claiming that I owe them almost $800 from a check that I had bounced back in 1997. What is the stardard protocal for collection actions? I have not received any prior information on this matter and I am a little confused. When I asked for the information on the account I was told that I could not have it. They also told me I have until March 6th to pay or they will see me in court. What rights to do I have and I wonder what has taken them so long to file this can they do that?


Asked on 3/04/03, 9:26 am

1 Answer from Attorneys

Daniel Hawes Hawes & Associates

Re: What are the procedures for collection preceedings?

There is a whole body of law you'd have to know for me to tell you a straight answer to the question posed in your subject line, and it would take weeks. There are too many variables. If you live in Virginia, I strongly suggest you contact me directly.

That said, I can give you a couple of answers based on the facts you described: first, the statute of limitations on a bad check is four years; the statute of limitations is an affirmative defense, which means they can still sue you and get a judgment unless you affirmatively plead "s.o.l." in writing in response to the initial pleadings served upon you. Second, they can file suit at any time, with or without any prior notice to you (they do have to something calculated to get you notice of the filing itself, however). Finally, it makes an enormous difference whether the person who's trying to collect is the person entitled to cash the check or a collection agency; if the latter, there's a whole 'nother glob of rules they have to follow.

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Answered on 3/04/03, 9:47 am


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