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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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I had two capital one creditcards that I defaulted on when

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I had two capital one creditcards that I defaulted on when I lost my job in 2004. I was sued in court by two different collection agency's, one for each card. One judgement aginst me in May 2008 and one in Jan. 2009. I just realized that the paperwork that they served me with states: THIS AGREEMENT WILL BE GOVERNED BY VIRGINIA LAW AND FEDERAL LAW. SEVERABILITY. The Virginia law and federal law as far as I know are three years on an open ended cc agreement not the 5 years in Florida were I live. They served me with paperwork knowing that the sol had expired. Is this a FDCPA voilation?

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

In Virginia, the statute of limitations on written contracts is five years. Section 8.01-246. Three years is the statute of limitations for unwritten contracts. Credit card agreements are written contracts and therefore the statute of limitations had not expired when the case was filed.

Generally, it is a violation of the FDCPA to represent a debt as collectible after the statute of limitations has been expired. The remedy for a violation of that act is an award of civil damages of up to $1,000 per violation.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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Customer: replied 3 years ago.

Under the Truth In Lending Act (tila) a credt card is legally defined as an open-ended account not a written one and the judgements brought against me are from "Capital One Bank" which is stated in the TILA that bank cards are considered open ended accounts. Which one is correct?

The Virginia Statute of Limitations only differentiates between written and unwritten contracts. It does not provide a different statute of limitations for open-ended agreements. An open-ended agreement can be written or unwritten. You signed a credit card application to get the card, which makes it a written contract.

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