Need advice on timeshare [Campground: North fork resort in VA]

[CO skier]

Good advice, thanks. I looked up the Statute of Limitations of debt for VA, it appears to be 5 years for written contracts although I'm not sure what if anything my wife signed.

This is the letter I plan on sending them, any thoughts on it?

My father, name here, died in 2011. Please provide evidence that I am responsible for this debt. I have no record of any communication from North Fork resort or anyone representing them. Please forward all correspondence related to this debt and all past attempts to initiate collection. I pay all my bills on time. However, I have no intention of paying obligations that I did not initiate. Thank you for your prompt attention to this matter

There is a lot of really poor advice in this thread with some negative legal consequences. In many jurisdictions, communicating with a collection agency can "start the debt clock ticking" all over again.

How to Avoid Resetting The Clock On Old Debt | Bankrate

If you’ve decided to wait for the statute of limitations to expire on your debt, you can take a few steps to avoid restarting your debt’s clock.

www.bankrate.com

Schedule a free consultation with an attorney experienced in this kind of matter. Maybe pay a few hundred dollars for some relevant legal advice before doing anything more.

 

[Mikenlaura]

Thanks for your suggestions. It turns out North Fork is not a timeshare but something similar and uses a VA campsite law. It definitely pays to know what you're getting into (or in my wife's case what she was given but had little interest in). The campsite law allows the user to get out of the MF by simply sending them a certified letter and giving them 1.5 years of MF, I wish we had done that 10 years ago. Note that it doesn't specify this in any of their online documentation. The law is on their side and I was able to go on a VA civil court site to see that 600 others were sued in the last 10 years (and lost) by the same law firm that sent us a bill, which comes to about 2 million dollars for the campsite (not including those who pay once they get the bill from the law firm) and a bunch of money for the law firm. Reading the fine print, once the campsite puts a yearly bill in the mailbox to the last known address on file, you are considered notified of it, it does not matter if you get it or not. No choice but we are calling them today.

 

[SteveinHNL]

The reason why you never heard from them is they have (internally) written it off, then some collection jerks 'bought' their debt for pennies on the dollar based on what they can collect. After they get the 'low hanging fruit', and it would require paying lawyers who can practice in the state where the debt occurred or where debters live in order to get a judgement, odds are they will go back to 'radio silence'.

Step one is to demand they provide evidence that your wife is actually responsible for the debt. If you (she) asks (demands) them in writing, they MUST provide whatever evidence they have to substantiate their claim.

After that happens, you can devise a game plan.

By the way, my wife is a lawyer who practices consumer bankruptcy and debt management law. All states aren't the same, but one can use similar tactics.

Jim

I am a lawyer for going on 34 years and this is the best advice in the thread. There is a strong likelihood that the collection agency bought the debt for pennies on the dollar or they have an agreement with the original creditor (campground) to put them a percentage of any amounts collected.

Demand proof that your wife owes the debt. Google the fair debt collection practices act and reference it in the letter. Most likely the problem will just go away as the collection agency likely does not have proof of your wife’s obligation ie a document signed by her.

 

[SteveinHNL]

There is a lot of really poor advice in this thread with some negative legal consequences. In many jurisdictions, communicating with a collection agency can "start the debt clock ticking" all over again.

How to Avoid Resetting The Clock On Old Debt | Bankrate

If you’ve decided to wait for the statute of limitations to expire on your debt, you can take a few steps to avoid restarting your debt’s clock.

www.bankrate.com

Schedule a free consultation with an attorney experienced in this kind of matter. Maybe pay a few hundred dollars for some relevant legal advice before doing anything more.

This is untrue. Making a payment on the account can start the clock ticking again.

 

[dioxide45]

Thanks for your suggestions. It turns out North Fork is not a timeshare but something similar and uses a VA campsite law. It definitely pays to know what you're getting into (or in my wife's case what she was given but had little interest in). The campsite law allows the user to get out of the MF by simply sending them a certified letter and giving them 1.5 years of MF, I wish we had done that 10 years ago. Note that it doesn't specify this in any of their online documentation. The law is on their side and I was able to go on a VA civil court site to see that 600 others were sued in the last 10 years (and lost) by the same law firm that sent us a bill, which comes to about 2 million dollars for the campsite (not including those who pay once they get the bill from the law firm) and a bunch of money for the law firm. Reading the fine print, once the campsite puts a yearly bill in the mailbox to the last known address on file, you are considered notified of it, it does not matter if you get it or not. No choice but we are calling them today.

Definitely a good reason to not always go with the advice of a bunch of random people on the internet.

 

[CO skier]

This is untrue. Making a payment on the account can start the clock ticking again.

That is certainly communicating with the collection agency, and a mistake too many people make.

But it is more than that. People who "respond" to collections too often get hoodwinked into admitting their debt (those collectors are shrewed). And that gets the clock ticking again.

Which is why people should consult an attorney instead of a Timeshare Users Group or stevekim1 for legal advice.

 

[SteveinHNL]

That is certainly communicating with the collection agency, and a mistake too many people make.

But it is more than that. People who "respond" to collections too often get hoodwinked into admitting their debt (those collectors are shrewed). And that gets the clock ticking again.

Which is why people should consult an attorney instead of a Timeshare Users Group or stevekim1 for legal advice.

Just fyi a statute of limitations is simply a time bar disallowing pursuit of a stale claim. It doesn’t matter if the claim is admitted or disputed the statute of limitations bars the creditor from filing a collection lawsuit. I don’t disagree that it is a great idea to consult a practicing attorney in one’s jurisdiction.

 

[Patri]

This is why owners should not gift memberships and timeshares to heirs. Get rid of it your self.

 

[Ellie23]

This is untrue. Making a payment on the account can start the clock ticking again.

I have a question that hopefully someone can answer. I read the the statute of limitations starts when the debt is first listed as delinquent. The last payment I made to my timeshare mortgage was in 02/2018 and they have not reported it yet. Would the SOL start that day or on the day they report it to collections?

 

[SherlockHolmes]

Just so you know, the owner of North Fork is also a partner in the very same law firm attempting to collect the debt. There is a lot more to it than is being let on by the collectors. Here it is, 2025 and they are still playing the same game as with you. I certainly hope you have resolved this by now.

 

[TUGBrian]

reach out to an attorney in your state/area that specializes in debt collection.

for the price of an hour of his or her time, you are likely to get far better answers to your specific situation and what you may or may not be obligated to.

most states have VERY well defined debt collections laws and id be fairly shocked if a random 3rd party collections agency has followed them all over more than a decade.

 

[chapjim]

Fair Debt Collection Practices Act

Fair Debt Collection Practices Act As amended by Public Law 111-203, title X, 124 Stat.

www.ftc.gov

Here's a link to some info about the Fair Debt Collection Practices Act. It's an easy read.