⏳ VIRGINIA · DEBT STATUTE OF LIMITATIONS
Debt statutes of limitations in Virginia
In Virginia, a creditor or collector generally has 3 years to sue you on credit-card or open-account debt and 5 years on a written contract, under Va. Code § 8.01-246. A debt’s statute of limitations is the window to SUE — once it passes the debt is “time-barred”: you can still be asked to pay, but a court can no longer force you to, if you raise the limitation as a defense. The clock usually runs from your last payment or activity on the account.
The Virginia statute
VERIFIED PRIMARY SOURCE
§ Va. Code § 8.01-246
In Virginia, a creditor generally has 3 years to sue on credit-card/open-account debt and 5 years on a written contract (Va. Code § 8.01-246). Unwritten/open-account debt is 3 years (§ 8.01-246(4)); signed written contracts 5 years (§ 8.01-246(2)). Some creditors argue a signed card agreement is the 5-year written period. The clock usually runs from your last payment, and a new payment or written acknowledgment can restart it. Verified against the primary statute 2026-07-23.
Read the Virginia source text →Virginia deadlines at a glance
| Debt type | Time limit in Virginia |
|---|---|
| Credit card / open account | 3 years |
| Written contract | 5 years |
| Governing statute | Va. Code § 8.01-246 |
| Clock usually starts | Your last payment or account activity |
Virginia runs two different clocks depending on how the debt is documented — identify the debt type before you count. Verified against the primary source →
What debt statutes of limitations law covers in Virginia
Debt type decides the clock in VirginiaVirginia splits it: 3 years for credit-card and open-account debt, 5 years for a written contract (Va. Code § 8.01-246). Which category your account falls into moves the deadline by 2 years, so identify the debt type first.
Time-barred does not mean gonePassing Virginia’s 3-year mark doesn’t erase the debt or remove it from your credit report on its own — it bars the lawsuit. A collector can still ask you to pay; you have to assert the limitation.
Restarting the clockIn Virginia, as in most states, making a payment, promising to pay, or acknowledging the debt in writing can RESET the limitations period — which is why you check the date before you say or pay anything.
Being sued on old debt in VirginiaCollectors do sue on time-barred debt, betting you won’t respond. Virginia’s expired 3-year period is a complete defense, but only if you show up and raise it — a default judgment is how these cases are usually won.
What to do in Virginia, in order
- Before you pay or acknowledge anything, find the date of your last payment or activity — that’s usually when the clock started.
- Identify the debt type. In Virginia, credit-card and open-account debt runs 3 years, while a written contract runs 5 years under Va. Code § 8.01-246.
- If more than 3 years have passed since that date, the debt is likely time-barred in Virginia — do not make a payment or a written acknowledgment, either of which can restart it.
- If you’re sued, do not ignore it: respond by the deadline on the summons and raise the statute of limitations as an affirmative defense.
Common questions about debt statutes of limitations in Virginia
How long can a debt collector sue me in Virginia?
3 years for credit-card and open-account debt, and 5 years for debt founded on a written contract, under Va. Code § 8.01-246. The period generally runs from your last payment or activity on the account, not from when the debt was opened.
Does the statute of limitations erase my debt in Virginia?
No. After 3 years it bars a creditor from winning a lawsuit to collect — it doesn’t cancel the debt or, by itself, remove it from your credit report. You generally must raise the expired limitation as a defense; a Virginia court won’t apply it automatically.
Can a collector still sue me after Virginia’s deadline expires?
They can file, and some do. But if the debt is time-barred under Va. Code § 8.01-246, the expired limitations period is a complete defense — you have to show up and raise it. Ignoring the suit is how a time-barred debt turns into an enforceable judgment.
Does making a payment restart the clock in Virginia?
In Virginia, as in most states, a payment, a written promise, or an acknowledgment of the debt can reset the limitations period and give the collector a fresh 3-year window. Confirm the rule before paying anything on an old account.
Don’t guess what your document says.
Upload your agreement and get every risky clause quoted back with the statute that governs it — including the one above.
Run the Debt SOL Checker — free →This page is general legal information, not legal advice, and doesn’t create an attorney-client relationship. Statutes change and have exceptions; the linked primary source controls. For advice on your situation, consult a licensed attorney in your state.