Virginia Credit Card Laws

Virginia has a number of laws that apply directly to credit cards and card users. These laws govern both civil and criminal issues, and they can affect anyone using a credit card. You should speak to a Virginia attorney if you need legal advice about the state's credit card laws, especially if you're facing a credit card lawsuit or criminal prosecution for a credit card crime.

Statute of Limitations

Like all other states, Virginia has laws that limit how long a creditor has to sue you for a credit card debt on which you've defaulted. This law, known as a statute of limitations, requires a creditor to file a lawsuit within three years from the date on which you default on your credit card loan in Virginia, according to Bankrate. This three-year limit applies to all open accounts, the category into which credit cards fall.

Limitations On Judgments

The Commonwealth of Virginia also limits how long a credit card company has to collect on any debt lawsuit it wins. This limitation, known as a limitation on judgments, requires the judgment creditor to collect on any judgment within eight years from the date the court grants it, according to CardReport. After this eight-year period, a judgment creditor cannot use any method to collect the debt other than to try to persuade a debtor to pay.

Credit Card Agreement Clauses

As a credit card user in Virginia, or anywhere, you should always read your credit card agreement carefully. Most, if not all, credit card companies include clauses in their credit card agreements that change which laws apply to you and your card. These clauses, either in the form of choice of law or statute of limitations clauses, typically select a state's law other than Virginia's that will apply to the agreement. The state's law the company selects typically extends the statutes of limitations longer than those that would otherwise apply.

Credit Card Crimes

Virginia punishes various activities involving credit cards as crimes. For example, Virginia Code section 18.2-192 punishes credit card theft, the act of taking a credit card or a credit card number from a person without the card holder's consent with the intent to use it, sell it or give it to someone other than the card holder. This crime is categorized as grand larceny, and punishment may be one to 20 years in jail.