Statute of Limitations on Debt in Virginia
How long a creditor or collector has to sue you over a debt in Virginia, and whether a payment restarts the clock.
Short answer: 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)
| 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) |
Where to get help in Virginia
More Virginia debt & collections
- Wage Garnishment in Virginia
- How to Respond to a Debt Collection Lawsuit in Virginia
- What Creditors Can't Take in Virginia
- Medical Debt Protections in Virginia
- All Virginia debt & collections rules
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.
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.