How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask MShore Your Own Question
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
Type Your Legal Question Here...
MShore is online now
A new question is answered every 9 seconds

I have a credit card that was charged off with a balance of

This answer was rated:

I have a credit card that was charged off with a balance of $7,000. The account was closed approximately 4-5 years ago while living in another state. In fact, the debt is old enough that it is no longer showing on my credit report. I now live in VA and just received a Warrant of Debt and date in which to appear in court by a scavenger debt collector. I would like to know if it is advisable for me to send the debt collector a notice informing them that the statute of limitations for Virginia has passed and to desist and if it will do any good. I plan on showing up for my court date and disputing that I no longer owe this debt. Is this a solid platform or should I try to set up a payment plan to circumvent the court date?
Thank you for the post, I am happy to assist you by answering your questions. I assume the warrant in debt came from the court, therefore the debt collector has actually filed suit against you. Your recourse at this point is to appear and plead that you are not liable for the debt, citing the statute of limitations. If you tell me in what state the credit card repayment agreement is governed by I can tell you whether the statute of limitations has indeed run on the debt. In any event, contact the debt collector directly will be of any value at this point.
Customer: replied 6 years ago.


Correct. The Warrant in Debt came from the court via mail. Mind you, not certified mail, delivered by a sheriff, or authorized party.


When I signed up for the credit card I was living in Maryland. However it was charged off while living in West Virginia. I didn't receive the warrant until two years of living in Virginia.


My assumption is that I will need to go to court, request a trial, ask for a bill of particulars (if they filed one) and cite the statute of limitations.


The debt collector is Jormanday and the credit card was an American Express.

Thank you, XXXXX XXXXX is correct. The statute of limitations bars collection of this debt. Please let me know if you need further guidance.
Customer: replied 6 years ago.

What proof do I need to bring to my court date if any? I seriously doubt AMEX will give me any paperwork stating account activity. Since the debt is so old I no longer have paperwork to substantiate account activity. Does the burden lie with Jormandy to prove that I owe the monies?


I know they are counting on me not showing up for court so they can get a default decision; I just want to be prepared.

The burden of proof lies with Jormandy, whom must prove by a preponderance of the evidence that the debt is valid AND enforceable (i.e. not barred by the statute of limitations) after you raise that defense and substantiate it. Please let me know if you have any additional questions.
MShore and 3 other Legal Specialists are ready to help you