Virginia Debt Collection Laws: Time Limits, Garnishment and Your Rights
Virginia debt rules: statute of limitations, wage garnishment limits, protected bank and home exemptions, judgments, collector rules and how to answer a debt lawsuit.
Quick answers for Virginia
- Time limit to sue on a written contract
- 5 years for an action on a written contract signed by the person being sued (or their agent). Va. Code 8.01-246(A)(2)
- Wage garnishment limit
- The lesser of 25% of weekly disposable earnings or the amount by which weekly disposable earnings exceed 40 times the federal or Virginia minimum hourly wage, whichever is greater. Va. Code 34-29(A)
- Money protected in a bank account
- No separate cash exemption, but a householder may protect up to $5,000 ($10,000 if 65 or older) of any property, including money in a bank, plus $500 per dependent. Va. Code 34-4; 8.01-512.4
- Answering a debt lawsuit
- Most debt cases are filed in general district court on a warrant in debt with a return date. You must appear on the return date (or the case may be decided by default); Va. Code 16.1-122.3; Virginia Judicial System, Small Claims Court Procedures (rev. 10/2024)
Last verified: 2026-10-26
Time limits
| Time limit to sue on a written contract | 5 years for an action on a written contract signed by the person being sued (or their agent). Source: Va. Code 8.01-246(A)(2) |
|---|---|
| Time limit for credit cards and open accounts | 3 years for an unwritten contract (express or implied) or a written contract not signed by the person being sued. Medical debt owed to a health care provider: 3 years from the due date of the final invoice (or from a breach of a payment plan). Source: Va. Code 8.01-246(A)(4), (B) |
| Can a payment restart the clock? | A new promise to pay, in a writing signed by the debtor or the debtor's agent, starts a new limitations period measured from the promise; a written acknowledgment from which a promise to pay can be implied counts as such a promise. The effect of a payment alone was not addressed in the text read. Source: Va. Code 8.01-229(G) |
| How long a judgment lasts | Judgments dated on or after July 1, 2021 can be enforced for 10 years (20 years for judgments dated before July 1, 2021). The creditor may extend a judgment by recording a certificate before the period ends, adding 10 years, and may record one more 10-year extension. Source: Va. Code 8.01-251(A)-(B) |
If you are sued
| Answering a debt lawsuit | Most debt cases are filed in general district court on a warrant in debt with a return date. You must appear on the return date (or the case may be decided by default); pleadings are limited to the warrant, the answer, grounds of defense and counterclaims. |
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Garnishment and what creditors can't take
| Wage garnishment limit | The lesser of 25% of weekly disposable earnings or the amount by which weekly disposable earnings exceed 40 times the federal or Virginia minimum hourly wage, whichever is greater. Because Virginia's minimum wage is higher than the federal one, this protects more than the federal 30-times floor. A new version of 34-29 takes effect July 1, 2027; the ordinary-debt limit in subsection A is the same in both versions. Source: Va. Code 34-29(A) |
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| Money protected in a bank account | No separate cash exemption, but a householder may protect up to $5,000 ($10,000 if 65 or older) of any property, including money in a bank, plus $500 per dependent. Banks must automatically exempt certain federal and state benefit payments, and a notice of exemptions must accompany any bank garnishment. Amounts in 34-4 will be inflation-adjusted every three years starting April 1, 2027. Source: Va. Code 34-4; 8.01-512.4 |
| Homestead exemption | Up to $50,000 in real or personal property used as the principal residence of the householder or dependents, in addition to the $5,000 ($10,000 if 65 or older) wildcard and $500 per dependent. Section last amended 2024 (c. 656). Each dollar amount is to be adjusted for inflation on April 1, 2027 and every three years after. Source: Va. Code 34-4 |
| Vehicle exemption | Motor vehicles up to a total of $10,000 in value (a perfected lien has priority). Vehicles needed for the householder's work can also fall within the $10,000 tools-of-trade exemption. Source: Va. Code 34-26(7)-(8) |
| Claiming an exemption | Every garnishment summons (and notice of lien on a bank account) must come with a notice of exemptions and a Request for Hearing/claim for exemption form. Fill out the form and deliver or mail it to the clerk's office of the court; you have a right to a hearing within seven business days after filing the claim. Source: Va. Code 8.01-512.4 |
| Bankruptcy exemptions | Virginia has opted out of the federal bankruptcy exemptions; residents use Virginia exemptions. Source: Va. Code 34-3.1 |
Debt collectors and interest
| Medical debt protections | Suits to collect medical debt owed directly to a health care provider must be filed within 3 years of the due date of the final invoice (or within 3 years of a breach of a payment plan). This does not apply to services paid through Department of Medical Assistance Services programs. Source: Va. Code 8.01-246(B) |
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| Interest rate limits | The judgment rate is 6% a year, except that a judgment on a contract carries the contract's lawful rate if higher. The rate in effect when judgment is entered applies for the life of the judgment. Source: Va. Code 6.2-302 |
Where to get help in Virginia
Debt & Collections FAQ
What is the statute of limitations on debt in Virginia?
5 years for an action on a written contract signed by the person being sued (or their agent).
How long can a creditor sue on a credit card debt in Virginia?
3 years for an unwritten contract (express or implied) or a written contract not signed by the person being sued. Medical debt owed to a health care provider: 3 years from the due date of the final invoice (or from a breach of a payment plan).
Does making a payment restart the statute of limitations in Virginia?
A new promise to pay, in a writing signed by the debtor or the debtor's agent, starts a new limitations period measured from the promise; a written acknowledgment from which a promise to pay can be implied counts as such a promise.
How long does a court judgment last in Virginia?
Judgments dated on or after July 1, 2021 can be enforced for 10 years (20 years for judgments dated before July 1, 2021). The creditor may extend a judgment by recording a certificate before the period ends, adding 10 years, and may record one more 10-year extension.
How much of my wages can be garnished in Virginia?
The lesser of 25% of weekly disposable earnings or the amount by which weekly disposable earnings exceed 40 times the federal or Virginia minimum hourly wage, whichever is greater. Because Virginia's minimum wage is higher than the federal one, this protects more than the federal 30-times floor.
How much money in a bank account is protected from creditors in Virginia?
No separate cash exemption, but a householder may protect up to $5,000 ($10,000 if 65 or older) of any property, including money in a bank, plus $500 per dependent. Banks must automatically exempt certain federal and state benefit payments, and a notice of exemptions must accompany any bank garnishment.
What is the homestead exemption in Virginia?
Up to $50,000 in real or personal property used as the principal residence of the householder or dependents, in addition to the $5,000 ($10,000 if 65 or older) wildcard and $500 per dependent.
Can a creditor take my car in Virginia?
Motor vehicles up to a total of $10,000 in value (a perfected lien has priority). Vehicles needed for the householder's work can also fall within the $10,000 tools-of-trade exemption.
What protections apply to medical debt in Virginia?
Suits to collect medical debt owed directly to a health care provider must be filed within 3 years of the due date of the final invoice (or within 3 years of a breach of a payment plan). This does not apply to services paid through Department of Medical Assistance Services programs.
What is the maximum legal interest rate in Virginia?
The judgment rate is 6% a year, except that a judgment on a contract carries the contract's lawful rate if higher. The rate in effect when judgment is entered applies for the life of the judgment.
How do I respond to a debt collection lawsuit in Virginia?
Most debt cases are filed in general district court on a warrant in debt with a return date. You must appear on the return date (or the case may be decided by default); pleadings are limited to the warrant, the answer, grounds of defense and counterclaims.
How do I stop a garnishment or claim an exemption in Virginia?
Every garnishment summons (and notice of lien on a bank account) must come with a notice of exemptions and a Request for Hearing/claim for exemption form. Fill out the form and deliver or mail it to the clerk's office of the court; you have a right to a hearing within seven business days after filing the claim.
Which bankruptcy exemptions can I use in Virginia?
Virginia has opted out of the federal bankruptcy exemptions; residents use Virginia exemptions.
Debt & Collections in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.