Debt collectors in Virginia: your rights

Virginia guides by topic

Your federal rights

These federal rules apply in Virginia and every other state. Virginia's own law, below, can add more.

• Who the federal law covers. The Fair Debt Collection Practices Act (FDCPA) covers debt collectors who collect for someone else and companies that buy debts, not usually the original creditor collecting its own debt (15 U.S.C. 1692a(6)). Some state laws also cover original creditors.
• A validation notice. A collector must give you a validation notice, in its first message or within 5 days after it, with the amount, the creditor and how to dispute (15 U.S.C. 1692g(a); 12 CFR 1006.34).
• Your right to dispute. If you dispute the debt in writing within the validation period (30 days after you get the notice), the collector must stop collecting until it mails you verification (15 U.S.C. 1692g(b); 12 CFR 1006.38).
• When collectors can contact you. No calls before 8 a.m. or after 9 p.m. your time, or at work if your employer doesn't allow it (15 U.S.C. 1692c(a)). More than 7 calls in 7 days about one debt is presumed to break the law (12 CFR 1006.14(b)(2)).
• Telling a collector to stop. If you tell a collector in writing to stop contacting you, it must stop, except to tell you it is ending collection or will take a specific step such as a lawsuit (15 U.S.C. 1692c(c)).
• What collectors can't do. No threats, obscene language, false statements (for example pretending to be a lawyer or the government, or threatening arrest) and no unfair practices such as collecting fees your contract doesn't allow (15 U.S.C. 1692d, 1692e, 1692f). A collector generally can't discuss your debt with your family, neighbors or employer (15 U.S.C. 1692c(b)).

Read how to dispute a debt or stop collector calls.

Virginia law and extra protections

Virginia has no general debt collection act; the federal rules above still apply.

Law

Va. Code §§ 59.1-611 to 59.1-613; § 59.1-444.4; § 59.1-196 et seq.

Covers original creditors

Yes

Extra protections

• Medical debt can't be reported to credit bureaus. This applies to medical facilities, licensed health providers, EMS agencies, and anyone buying or collecting medical debt (Va. Code § 59.1-444.4).
• Medical creditors and medical debt collectors may not get you arrested, foreclose on your home, or put a lien on your personal property to collect medical debt. They may not garnish your wages if you qualify for the provider's financial assistance (Va. Code § 59.1-612(B)).
• No "extraordinary collection action" (such as a lawsuit, credit reporting, selling the debt, or a bank levy) on medical debt until 120 days after the final bill's due date. You must get at least 30 days' written notice first (Va. Code § 59.1-612(E)).
• Large health care facilities and medical debt buyers can't charge interest or late fees until 90 days after the final bill is due, and never more than 3% a year (Va. Code § 59.1-612(A)).
• Medical debt lawsuits must be filed within 3 years of the final bill's due date, or within 3 years after you break a payment plan (Va. Code § 8.01-246(B)).

Can you sue under it?

For the medical debt rules, yes: violations are prohibited practices under the Virginia Consumer Protection Act. If you suffer a loss, you can sue for actual damages or $500, whichever is more. If the violation was willful, up to 3 times damages or $1,000, whichever is more, plus attorney's fees and court costs (Va. Code §§ 59.1-613, 59.1-444.4(C), 59.1-204).

Official text

Read the law

Debt collector laws in Virginia: the full guide

Old debts in Virginia

Written contracts

5 years

Open accounts and unwritten agreements

3 years

Does a payment restart the clock?

A written promise to pay, or a written acknowledgment that implies one, that you sign gives the creditor a new full period to sue from the date of the promise (Va. Code § 8.01-229(G)). The statute does not say a payment alone restarts the clock.

Law

Va. Code § 8.01-246(A)(2) (signed written contract, 5 years); § 8.01-246(A)(4) (unwritten or unsigned contract, 3 years); § 8.01-246(B) (medical debt, 3 years); § 8.01-229(G)

Official text

Read the law

The time limit is the statute of limitations. Once it runs out, the debt is “time-barred”: a collector must not sue or threaten to sue you, but the debt still exists. Read more about time-barred debt.

Statute of limitations on debt in Virginia: the full guide

Is my debt too old? Check Virginia's time limit

Every state limits how long a creditor or collector has to sue you over a debt. This is the statute of limitations. Choose your state, the type of debt and the date of your last payment to see the limit and an estimated end date. Nothing you type here is sent anywhere.

Wage garnishment and bank accounts in Virginia

Wage limit

Stricter than federal. A creditor can take the lesser of 25% of your weekly disposable earnings, or the amount above 40 times the federal or Virginia minimum hourly wage, whichever is higher.

Head of household

A householder who supports dependents can protect an extra $500 of property, including money, for each dependent (Va. Code § 34-4).

Bank account

No automatic amount. A householder can choose to protect up to $5,000 of property, including money ($10,000 if 65 or older) (Va. Code § 34-4).

Law

Va. Code § 34-29(A); § 34-4

Federal benefits such as Social Security, SSI and VA benefits that were directly deposited are protected in your bank account up to two months' worth (31 CFR 212.6). A creditor usually needs a court judgment before it can garnish your wages or bank account.

Wage garnishment in Virginia: the full guide

Property you can keep in Virginia

Home: up to $50,000 for the principal residence, plus the $5,000 wildcard ($10,000 if 65 or older) and $500 for each dependent (Va. Code § 34-4; amounts adjust April 1, 2027). Vehicles: up to $10,000 total in motor vehicles you own; vehicles needed for your work are covered by the tools-of-trade exemption, up to $10,000 (Va. Code § 34-26(7), (8)). Household furnishings: up to $5,000 (§ 34-26(4a)).

Collector licensing in Virginia

License required

Not confirmed

Medical debt in Virginia

Since 2024: no reporting of medical debt to credit bureaus (Va. Code § 59.1-444.4, 2024 c. 751), and a 3-year time limit to sue on medical debt (Va. Code § 8.01-246(B), 2024 c. 800). The 2025 Medical Debt Protection Act (2025 c. 692; Va. Code §§ 59.1-611 to 59.1-613, shown as current law on the official Code site) adds: interest and late fees capped at 3% a year and not allowed until 90 days after the final bill; no arrest, home foreclosure or personal-property liens; no wage garnishment for people who qualify for financial assistance; and a 120-day wait plus 30 days' notice before lawsuits or other extraordinary collection actions. Note: on October 28, 2025 the federal Consumer Financial Protection Bureau issued an interpretive rule saying that the federal Fair Credit Reporting Act generally preempts state laws that ban medical debt from credit reports (90 Fed. Reg. 48710). The state law is still on the books, but credit bureaus may argue it cannot be enforced, and courts have the final say.

If you are sued in Virginia

Time to answer

General District Court (warrant in debt): you don't have to file a written answer, but to dispute the claim you should appear on the return date shown on the warrant. In Circuit Court, follow the deadline on the summons (generally 21 days after service, Rule 3:8).

If you don't answer

If you don't appear on the return date, judgment may be entered against you (warrant in debt form DC-412).

Court self-help

Virginia court self-help (official)

Don't ignore court papers. Read what to do if a debt collector sues you.

Sued by a debt collector in Virginia: the full guide

Where to complain in Virginia

• Virginia: Office of the Attorney General of Virginia, Consumer Protection Section · 804-786-2042
• Federal: the Consumer Financial Protection Bureau takes complaints about debt collectors at consumerfinance.gov/complaint · (855) 411-2372.
• You can also report a collector to the Federal Trade Commission at ReportFraud.ftc.gov.

Free help in Virginia

• Virginia Attorney General, Consumer Protection Section · 804-786-2042
• Virginia Judicial System self-help
• VirginiaLawHelp.org (Virginia Poverty Law Center, LawHelp network)

Good to know in Virginia

• Virginia protects more of your pay than federal law. It uses 40 times the minimum wage, and the Virginia minimum wage if that is higher (Va. Code § 34-29(A)).
• Medical debt has its own, shorter time limit: 3 years from the final bill's due date (Va. Code § 8.01-246(B)).
• Medical debt can't appear on your Virginia credit report through providers or collectors (Va. Code § 59.1-444.4).

Changes in 2024–2026

2024 c. 751: ban on reporting medical debt (Va. Code § 59.1-444.4). 2024 c. 800: 3-year SOL for medical debt (Va. Code § 8.01-246(B)). 2025 c. 692: Medical Debt Protection Act (Va. Code §§ 59.1-611 to 59.1-613); LIS lists § 59.1-612 as a '2026 updated section'. A version of § 34-29 takes effect July 1, 2027, removing state tax debts from the exception to the garnishment limit.

Free letters to send a collector

Questions about debt collection in Virginia

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