SOL defense in VA
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Posted by VA-defendant
(66.98.130.64) on November 21, 2003 at 22:52:59:
Hello and good evening to all,
My wife is in a bit of a problem. She is being sued for an old credit card that has a Date of last activity of february 1999. Everywhere that i go I see that the SOL for open-end accounts in VA is 3 years. But I've searched high and low for proof of this and can only find:
§ 8.01-246. Personal actions based on contracts. In that statute is states that written contracts are 5 years and oral are three. How can I prove that an open-end account is an oral agreemnt. That statute doesn't state any other type of contracts that can be relevant here. Also at:
http://www.sec-claims.com/statutes.htm
It states that statute as the one that coincides with my SOL. But I just don't see enough to prove it in court. Please help.
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