Statute of limitations on debt in Virginia

5 years to sue on a written contract and 3 years on an open account.

Short answer

In Virginia, a creditor or debt collector has 5 years to sue on a written contract and 3 years to sue on an open account or unwritten agreement. 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)).

Written contracts
5 years
Open accounts and unwritten agreements
3 years

Virginia's time limits to sue on a debt

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

At 5 years, Virginia is shorter than the most common limit in our 48 state guides, 6 years; 7 states share this limit. Nearby, the written-contract limit is 3 years in Maryland, 3 years in District of Columbia, 10 years in West Virginia and 10 years in Kentucky.

Virginia rules when a collector sues, and your rights

  • 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)).

Your right to sue a collector: 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).

Payments, promises and the clock in Virginia

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.

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

Virginia: 5 years for a written contractEnter the date of your last payment to see when the time limit ends.

If you are sued on an old debt in Virginia

Say in your written answer that the debt is too old. Deadline in Virginia: 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 appear on the return date, judgment may be entered against you (warrant in debt form DC-412).

What to do if you are sued in Virginia

Handling an old debt in Virginia

  1. Match the debt to the right limit

    Virginia gives 5 years for written contracts and 3 years for open accounts. Not sure which a credit card is? Try both in the checker.

  2. Don't pay or sign yet

    In Virginia: 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)).

  3. Make the collector prove it

    A dispute letter sent within 30 days of the validation notice makes the collector verify the debt.

  4. Report a collector who sues on an old debt

    Report it to Office of the Attorney General of Virginia, Consumer Protection Section and to the CFPB at consumerfinance.gov/complaint. Phone: 804-786-2042.

Old debts under federal law

Under federal law, a collector must not sue or threaten to sue you on a debt that is too old to sue on (12 CFR 1006.26(b)). Most collection accounts can stay on a credit report for up to 7 years from 180 days after you first fell behind (15 U.S.C. 1681c). More in our guide to time-barred debt.

Where to get free help in Virginia

Questions about old debts in Virginia

What is the statute of limitations on debt in Virginia?

5 years for written contracts and 3 years for open accounts and unwritten agreements (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)).

Does paying on an old debt restart the clock in Virginia?

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.

What is the time limit for credit card and open-account debt in Virginia?

For open accounts and unwritten agreements, Virginia's limit is 3 years (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)).

Keep reading about Virginia

Statute of limitations in nearby states

Sources

Last checked: Oct 24, 2026.

Federal sources