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A "charge off" does not indicate that the debt is not valid and collectible. However, the SOL for unwritten or implied contracts for unsecured debts (credit cards) is 5 years from the DLA. If the debtor makes any payment or promise of payment the SOL will restart from that point in time. Collection agencies (unless they are a collection law firm) cannot file suit, they must refer the account to an attorney who is licensed to practice in the debtor's state. In some cases can be presented to the National Arbitration board if the law firm is licensed to take such action. The expiration of the SOL does not prevent the filing of a lawsuit. An SOL defense is not automatically granted to the debtor. The debtor must present evidence of the SOL being applicable at the lawsuit hearing.

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Q: If a credit card account was charged off over 8 years ago can the collection agency sue to get the amount owed all this time later or is there a statute of limitations on this in West Virginia?
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