Virginia debt statute of limitations

Virginia limitation periods by type of debt

Unwritten/open-account debt is 3 years (§ 8.01-246(A)(4)); signed written contracts 5 years (§ 8.01-246(A)(2)). Medical debt has its own 3-year rule (§ 8.01-246(B)). Some creditors argue a signed card agreement is the 5-year written period.

What the Virginia statute says

“2. In actions on any contract that is not otherwise specified and that is in writing and signed by the party to be charged thereby, or by his agent, within five years whether such writing be under seal or not;”
Va. Code Ann. § 8.01-246(A)(2)

“4. In actions upon (i) any contract that is not otherwise specified and that is in writing and not signed by the party to be charged, or by his agent, or (ii) any unwritten contract, express or implied, within three years.”
Va. Code Ann. § 8.01-246(A)(4)

“B. In any action, including those brought by the Commonwealth, upon any contract under subdivision A 2 or 4 to collect medical debt, such an action is barred if not commenced within three years from the due date applicable to the final invoice for a health care service unless the contract with a hospital or health care provider is for a payment plan that allows for a longer period of time”
Va. Code Ann. § 8.01-246(B)

Does paying restart the clock in Virginia?

A signed written promise to pay, or a written acknowledgment from which one can be implied, restarts the period (Va. Code § 8.01-229(G)(1)).

“1. If any person against whom a right of action has accrued on any contract, other than a judgment or recognizance, promises, by writing signed by him or his agent, payment of money on such contract, the person to whom the right has accrued may maintain an action for the money so promised, within such number of years after such promise as it might be maintained if such promise were the original cause of action.”
Va. Code Ann. § 8.01-229(G)(1)

If a creditor wins a judgment in Virginia

The statute of limitations is a defense to the lawsuit. If the creditor sues within the deadline and wins — or wins by default because nobody answered — different Virginia rules take over.

How long a judgment lasts

In Virginia, a judgment dated on or after July 1, 2021 can be executed on or sued on for 10 years (20 years for judgments dated before then); the creditor can extend the period by recording a certificate before it expires (each extension adds 10 years, with limits on the number of extensions).

“No execution shall be issued and no action brought on a judgment dated on or after July 1, 2021, including a judgment in favor of the Commonwealth and a judgment rendered in another state or country, after 10 years from the date of such judgment or domestication of such judgment, unless the period is extended as provided in this section”
Va. Code § 8.01-251(A)-(B)

Wage garnishment

Virginia limits wage garnishment to the lesser of 25% of weekly disposable earnings or the amount above 40 times the greater of the federal or Virginia minimum hourly wage; a new version of this section takes effect July 1, 2027.

“the maximum part of the aggregate disposable earnings of an individual for any workweek that is subjected to garnishment may not exceed the lesser of the following amounts: 1. Twenty-five percent of his disposable earnings for that week; or 2. The amount by which his disposable earnings for that week exceed 40 times the federal minimum hourly wage”
Va. Code § 34-29(A) (version effective until July 1, 2027)

Small claims court

Virginia small claims court hears civil claims where the amount claimed does not exceed $5,000, excluding interest.

“the small claims court shall have jurisdiction, concurrent with that of the general district court, over the civil action specified in § 16.1-77 (1) when the amount claimed does not exceed $5,000, exclusive of interest.”
Va. Code § 16.1-122.2

What to do next

1. Find the date of your last payment or account activity — that is usually when the clock started.
2. If a collector contacted you in the last 30 days, dispute in writing first: the validation letter generator asks the collector to verify the debt without admitting it.
3. Do not pay or sign anything on an old debt until you know how Virginia treats a payment (above).
4. If you are sued, respond by the deadline on the summons and raise the statute of limitations as a defense.

Common questions

How long can a debt collector sue me in Virginia?

3 years for credit-card debt and 5 years on a written contract, under Va. Code § 8.01-246. The period usually runs from your last payment or the date of default.

Does a payment restart the clock in Virginia?

A signed written promise to pay, or a written acknowledgment from which one can be implied, restarts the period (Va. Code § 8.01-229(G)(1)).

How long does a court judgment last in Virginia?

In Virginia, a judgment dated on or after July 1, 2021 can be executed on or sued on for 10 years (20 years for judgments dated before then); the creditor can extend the period by recording a certificate before it expires (each extension adds 10 years, with limits on the number of extensions). (Va. Code § 8.01-251(A)-(B)).

How much of my pay can be garnished in Virginia?

Virginia limits wage garnishment to the lesser of 25% of weekly disposable earnings or the amount above 40 times the greater of the federal or Virginia minimum hourly wage; a new version of this section takes effect July 1, 2027. (Va. Code § 34-29(A) (version effective until July 1, 2027)).

What if I am sued on an old debt in Virginia?

Respond by the deadline on the summons. An expired limitations period is a defense you generally have to raise yourself; a court that hears nothing from you can enter a default judgment.