Questions about SOL and JDB

[VAhelp]

Hello-

First, I big thanks to everyone on this forum, I have learned a lot (some to late) and thank you all for reading and responding.

I live in Virginia and have for all my life. The original 5 CC contracts were all signed in Virginia. The SOL started on all my CCs in August 2008, after I was unable to pay them.

In February of 2011 I started to make monthly payments to a Virginia JDB on one the CCs, as they had filed a case against me in court. I got scared and agreed (on the phone not in writing)to their payment plan (full amount owed plus penalties and such) before the court date came about. I have been paying them every month for the past 2 years.

My questions are as follows:

1. Did me starting to pay them reset the SOL date? From what I have read, in Virginia the date SOL is only reset if there is a written contract, is this correct?

2. Also, in Virginia, the SOL for open contracts is 3 years and for written contracts it's 5 years, what do CCs fall under, written or open?

[HHM]

1. Actually, the JDB filing the lawsuit stopped the SOL from running. The SOL is only defense to a lawsuit. Once the lawsuit is filed, there is, effectively, no more SOL. But yes, in general, if the debtor starts paying on a debt, that resets the SOL. The SOL does not start up until you stop paying again.

2. Do you still live in Virginia. If not, then Virginia law would not apply. Generally, jurisdiction is where the defendant (you) reside at the the time of filing a lawsuit. I can't speak specifically to VA SOL as to which one applies to credit cards.