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If you have any problems with the registration process or your account login, please contact us. | Advanced Credit Repair - Dealing with Collection Agencies Discuss Answering summons in Virginia in the CREDIT AND LEGAL ISSUES forums; As you can see, I am atmywitsend. I need some help in answering a summons from a JDB. They have brought suit and I have to answer in 21 days. ... 
04-30-2008, 11:04 AM
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#1 | | New Member
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| Answering summons in Virginia
As you can see, I am atmywitsend. I need some help in answering a summons from a JDB. They have brought suit and I have to answer in 21 days. They had 6 points in their complaint and I know how to answer them all. My next question is how to present an affirmative defense and should I present them with the answers to their complaint or present them in a separate form.
Based on the information I have gathered I have two points I want to bring up.
First, I sent them a DV letter over 10 months ago when they first contacted me. It was registered and I have the signed return receipt. They sent back an unregsietred response just stating an amount, an OC, and an account number. From what I have read that is not enough for validation. Do i cite chapter 805 or 809 of the FDCPA and can I cite that in a Virginia court as an affirmative defense or is that good only in Federal Court?
Second, based on research from what I can tell the DOLA on the account is 48 months. I am confused regarding the SOL in Virginia. Is it 3 years for open accounts or 5 years for written contracts when it pertains to credit card debt? I am having difficulty finding the specific Virginia Code to cite. I have spent the last 3 days on the internet looking for that specific law.
Also, I want them to produce the original contract from the OC as well as to prove that they bought the debt and have a right sue. How do I incoporate that in my answer to the summons.
Are there any other affirmative defenses I should consider?
After they receive my answers and affirmative defenses. Do they 21 days to respond? If they don't respond in 21 days, what do I do then?
Your help is very much appreciated | 
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04-30-2008, 11:03 PM
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#2 | | Administrator
Join Date: May 2006
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| Who is the OC and on what date was the last payment made.
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05-03-2008, 03:11 AM
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#3 | | HONORED GUEST
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| You need an attorney. General District Court in VA is not pro se friendly and they will murder you on procedure.
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05-03-2008, 10:08 AM
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#4 | | New Member
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| Quote:
Originally Posted by Enigma  Who is the OC and on what date was the last payment made. | Chase
Aug 2004 | |
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05-03-2008, 12:15 PM
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#5 | | HONORED GUEST
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| It's a live debt in VA.
Is this GDC or Circuit?
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05-03-2008, 12:28 PM
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#6 | | If You Do Not Like It, Kiss My...
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| I thought VA was 3 years?
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05-03-2008, 01:13 PM
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#7 | | Administrator
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Originally Posted by jlynn I thought VA was 3 years? | It is 3 years. It's past the SOL. Motion to Dismiss and counter claims.
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The information and materials in this document are provided for general information purposes only and are not intended to constitute legal, accounting or tax advice or opinions on any specific matters. Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for the applicability and accuracy of Information as it relates to your specific situation. | |
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