Legal Question in Credit and Debt Law in Virginia

If I had a studet loan in the late 1980's and have never had any notice about it can a collection agency call me now asking for a payment? They called at night after 8 pm for the last two nights/ The amount they said is due is over 3 times what the amount ofthe loan was. The loan was over 20 years ago.


Asked on 5/12/10, 4:43 am

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Anyone can call you and ask anything.

However, the statute of limitations expired more than 15 years ago.

Note: It could be important what State you were in when you signed the student loan contract. There are some states in which a formal contract "under seal" might have a statute of limitations as long as 15 years.

Howevef, Virginia like most States follows a rule that the SHORTER statute of limitations applies, whether Virginia's or the otehr States.

Now, the question of the debt collector calling you abusively is different. 2 nights is not so bad. But you can tell the debt collector to stop calling you at night or at home, etc. Tell them that you only want to be contacted in writing. You can also tell them not to contact you at all, but you definitely have a right to demand that they contact you only in writing.

If the debt collector is abusive this is a violation of the Fair Debt Collection Practics Act (FDCPA). Theoretically they can be sued for this and you can win money from them. But I don't think just 2 nights is a pattern long enough or abusive enough to be a violation by itself.

Keep a log of every time you are contacted so that if it becomes a long pattern you can document the behavior for any possible lawsuit.

Now, NOTE: There have been some Federal laws and regulations passed about student loans. For example, they can deduct unpaid student loans from a tax refund.

I don't know if this is barred by the statute of limitations. But they definitely cannot file a lawsuit in Virginia to collect that debt.

NOTE that an old debt can be reported on a credit report even if it cannot be collected in court. However, 20 years is too long for even a credit report.

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Answered on 5/17/10, 3:12 pm


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