Cummings v. Fulghum

In this appeal, we consider whether a plea of recoupment under Code § 8.01-422 is subject to a statute of limitations defense raised by a plaintiff in an action to enforce payment of a note.

The following facts are undisputed. On December 3, 1997, Jean S. Fulghum filed a motion for judgment against Brenda P. Cummings to enforce payment of a promissory note secured by a deed of trust. Cummings and her late husband, Kenneth V. Cummings, Jr., had executed the note pursuant to a March 1987 contract between the Cummingses and a construction contractor, Larry W. Primm (Primm), and his corporation,…