How long does a debt collector have to file a lawsuit?

In Virginia, a debt collector typically must file a lawsuit within 2-6 years of the last payment made on the debt. The exact time frame depends on the type of debt and the laws of the Commonwealth of Virginia. For example, Virginia state law states that a debt collector has 3 years to file a lawsuit for an unpaid debt or money owed under a written contract. This includes debts related to credit cards, personal loans, and other consumer finance agreements. The time limit is based on the date of the last payment made by the consumer, not the date of the original contract or agreement. Virginia law also sets a 5-year time limit for collection of an unpaid debt that was not subject to a written contract. This includes taxes, rents, medical debts, and other debts that are not part of a written agreement. Again, the time limit begins from the date of the last payment made, not the date of the initial debt. If a debt collector attempts to collect a debt after either of these time periods, a consumer can bring a defense of “statute of limitations” in court. This defense can be used to stop a lawsuit and protect a consumer from paying the debt. It is important to note that the Commonwealth of Virginia follows the specific debt collection rules and time limits. If the debt is owed in another state, the time limits may differ. Consumers should check the applicable law in the state where the debt was incurred.

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How long does a debt collector have to file a lawsuit?

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