Medical debt laws in Virginia
In Virginia, the statute of limitations on medical debt is 3 years (Va. Code § 8.01-246(A)(2) (written contracts, 5 yrs); § 8.01-246(A)(4) (unwritten contracts, 3 yrs); § 8.01-246(B) (medical debt, 3 yrs)). Virginia has a medical-debt-specific limitations statute: Va. Code § 8.01-246(B) (added by 2024 HB 34, effective July 1, 2024) bars any action to collect medical debt not commenced within 3 years of the due date of the final invoice (or 3 years from breach of a payment plan), overriding the 5-year written-contract period that previously applied. That clock decides whether a collector can win a lawsuit against you — which changes what you should do next, so check the dates on the bill before you do anything else.
| Written contracts | 5 years |
| Oral agreements | 3 years |
| Open accounts (credit cards) | 3 years |
| Medical debt | 3 years |
What the time limit actually means
The statute of limitations does not erase a debt — it limits how long a collector can successfully sue over it. A time-barred debt can still be requested, reported (within credit-reporting time limits), and settled. But if a collector sues after the period has run and you raise the statute of limitations as a defense, the case should be dismissed. The defense is not automatic: you must respond to the lawsuit to use it.
Careful: Under Va. Code § 8.01-229(G) only a promise or acknowledgment in a writing signed by the debtor restarts the limitations period, but Virginia courts have treated a partial payment as evidence from which a new promise can be implied, so consumers should assume a payment on an old debt may restart the clock.
Virginia protections for medical debt
- 3-year medical debt statute of limitations (Va. Code § 8.01-246(B) (2024 HB 34)) — Actions to collect medical debt are barred 3 years after the due date of the final invoice (or 3 years after breach of a payment plan), effective July 1, 2024.
- Medical debt credit-reporting ban (Va. Code § 59.1-444.4 (2024 HB 1370)) — Since July 1, 2024, health care facilities, providers, EMS agencies, and collection entities may not report any portion of a medical debt to a consumer reporting agency; willful violations are prohibited practices under the Virginia Consumer Protection Act (§ 59.1-200).
- Virginia Medical Debt Protection Act (Va. Code §§ 59.1-611 to 59.1-613 (2025 c. 692, HB 1725)) — Effective July 1, 2026: no interest or late fees on medical debt until 90 days after the final invoice due date and capped at 3% per year, a 120-day waiting period and 30-day notice before extraordinary collection actions, and bans on wage garnishment for patients qualifying for financial assistance and on liens, foreclosures, and body attachment.
- Hospital payment-plan and charity-care requirements (Va. Code § 32.1-137.010 et seq.) — Hospitals must offer payment plans, screen patients for financial-assistance eligibility before pursuing collection, and post their charity care policies in admissions/emergency areas and on their websites.
- Charity care is federal law. Nonprofit hospitals must maintain a written Financial Assistance Policy and publicize it (IRS §501(r)). If your bill is from a nonprofit hospital, ask for the FAP application before paying anything. How to apply →
- Surprise out-of-network bills. The federal No Surprises Act bans most out-of-network balance billing for emergency care and for out-of-network providers at in-network facilities. When a bill is illegal →
- Credit reporting. The national bureaus no longer report paid medical collections, medical collections under $500, or those less than a year old.
Rules Virginia sets for collectors
Beyond the federal FDCPA, Virginia has its own collection statute — the None (no Virginia mini-FDCPA); the Virginia Consumer Protection Act covers deceptive collection conduct and enforces the medical-debt reporting ban (Va. Code § 59.1-196 et seq.). Virginia has no dedicated debt-collection practices statute; consumers rely on the federal FDCPA plus the Virginia Consumer Protection Act (§ 59.1-200 prohibited practices), which the AG enforces and which expressly covers willful medical-debt credit reporting violations.
Virginia does not require collection agencies or debt buyers to obtain a state collection license (only debt settlement providers are licensed, by the State Corporation Commission's Bureau of Financial Institutions).
Under the FDCPA, within five days of first contacting you a collector must send a written validation notice (15 U.S.C. §1692g). If you dispute the debt in writing within 30 days of that notice, the collector must stop collection activity until it mails you verification. There is no legal deadline for the collector to respond — but until it does, it cannot lawfully keep collecting.
If a collector is calling: the first 24 hours
- Do not confirm the debt is yours on the phone, and do not make a payment yet — get everything in writing first.
- Ask for the collector’s company name, mailing address, and the amount claimed. Write down the date and time.
- Check the dates: if the last activity on the bill is older than 3 years, the debt may be time-barred in Virginia.
- Send a written validation request within 30 days. Generate the letter free →
- If the bill is from a hospital, request an itemized bill and ask about financial assistance — billing errors are common and assistance is often retroactive.
Where to complain in Virginia
Office of the Attorney General of Virginia, Consumer Protection Section handles collection complaints at the state level. Federally, file with the Consumer Financial Protection Bureau — complaints become part of the public record collectors are judged on.
Common questions
How long can a debt collector pursue medical debt in Virginia?
The statute of limitations on medical debt in Virginia is 3 years (Va. Code § 8.01-246(A)(2) (written contracts, 5 yrs); § 8.01-246(A)(4) (unwritten contracts, 3 yrs); § 8.01-246(B) (medical debt, 3 yrs)). Virginia has a medical-debt-specific limitations statute: Va. Code § 8.01-246(B) (added by 2024 HB 34, effective July 1, 2024) bars any action to collect medical debt not commenced within 3 years of the due date of the final invoice (or 3 years from breach of a payment plan), overriding the 5-year written-contract period that previously applied. After that period, a lawsuit to collect can be challenged as time-barred, though collectors may still ask you to pay voluntarily.
Can I be sued for a medical bill after 3 years in Virginia?
A collector can still file a lawsuit after the limitations period, but the statute of limitations is a defense: if you raise it, a time-barred case should be dismissed. It is not automatic — you must respond to the lawsuit and assert it. Never ignore a court summons.
Does making a small payment restart the clock in Virginia?
Under Va. Code § 8.01-229(G) only a promise or acknowledgment in a writing signed by the debtor restarts the limitations period, but Virginia courts have treated a partial payment as evidence from which a new promise can be implied, so consumers should assume a payment on an old debt may restart the clock.
Does unpaid medical debt go on my credit report?
Since 2023, the three national credit bureaus (Equifax, Experian, TransUnion) do not report paid medical collections, medical collections under $500, or medical collections less than a year old. Larger, older unpaid medical collections can still appear.
Do hospitals in Virginia have to offer financial assistance?
Every nonprofit hospital in the United States is required by federal law (IRS Section 501(r)) to have a written Financial Assistance Policy and to tell patients about it. Virginia adds its own protections on top — see the list on this page.
How do I dispute a medical bill that went to collections?
Send the collector a written debt validation request. Under the federal FDCPA (15 U.S.C. §1692g), if you dispute the debt in writing within 30 days of their first notice, the collector must stop collecting until it mails you verification of the debt. You can generate that letter free on this site — no account needed.
Where do I complain about a debt collector in Virginia?
File with the Office of the Attorney General of Virginia, Consumer Protection Section (https://www.oag.state.va.us/consumer-protection/) and with the federal Consumer Financial Protection Bureau at consumerfinance.gov/complaint. Complaints are free and create a record.
Keep reading
- Statute of limitations on all debt in Virginia
- Free debt validation letter generator — no account needed
- Look up a debt collector — CFPB complaint records for the biggest agencies
- Charity care: hospital financial assistance, applied
- Medical debt laws in Arizona
- Medical debt laws in Georgia
- Medical debt laws in Kentucky
- Medical debt laws in Mississippi
- Medical debt laws in New Mexico
- Medical debt laws in Pennsylvania
Legal information, not legal advice. Statutes change and courts interpret them — for advice on your situation, talk to a lawyer or your state’s legal aid office. Last reviewed AUG 2026.