Statute of limitations on debt in Virginia
In Virginia, a creditor or debt collector has 5 years to sue on a written contract, 3 years on an oral agreement, and 3 years on an open account such as a credit card (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)). For medical bills, the operative number is 3 years — 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.
| Written contracts | 5 years |
| Oral agreements | 3 years |
| Open accounts (credit cards) | 3 years |
| Medical debt | 3 years |
How the limitation works
- It limits lawsuits, not the debt. A time-barred debt still exists; what expires is the collector’s ability to win in court.
- It is a defense you must raise. Courts don’t apply it for you. If you are sued and don’t respond, the collector wins by default — even on a time-barred debt.
- The clock usually runs from last activity — typically your last payment — not from when the debt was sold. A debt buyer inherits the original clock.
- Threatening to sue on time-barred debt is illegal. Federal Regulation F (12 C.F.R. §1006.26) bars collectors from suing or threatening suit on time-barred debt, whether or not they knew it was time-barred.
The restart trap
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.This is the single most expensive mistake people make with old debt: a small “good-faith” payment on a nearly-expired account can hand the collector a fresh lawsuit window. Confirm the dates before paying anything on an old account.
What to do with an old collection notice
- Find the date of last activity — your own bank records beat the collector’s letter.
- Count forward using the table above. Older than the period? The debt may be time-barred in Virginia.
- Send a written validation request — it forces the collector to document the debt and pauses collection until it does (15 U.S.C. §1692g). Generate it free →
- Do not acknowledge the debt in writing or pay anything until you know where the clock stands.
- If you’re sued, respond by the deadline and raise the statute of limitations. Your state’s legal aid can help free: Office of the Attorney General of Virginia, Consumer Protection Section.
Virginia’s own collection law
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).
Common questions
What is the statute of limitations on debt in Virginia?
Virginia allows 5 years to sue on written contracts, 3 years on oral agreements, and 3 years on open accounts such as credit cards (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)). Medical debt is generally treated as an open account or per its own rule here — 3 years.
When does the clock start?
Generally from the date of default or last activity on the account — commonly the last payment or charge — not from when the debt was sold to a collector. Selling a debt does not reset the statute of limitations.
Does paying something on an old debt restart the statute of limitations 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.
Can a collector still contact me about a time-barred debt?
Yes — the statute of limitations limits lawsuits, not requests to pay. However, under federal Regulation F (12 C.F.R. §1006.26), a collector may not sue or threaten to sue on a time-barred debt — the ban applies whether or not the collector knew the debt was too old.
What should I do if I get sued on an old debt?
Respond by the court deadline — never ignore a summons, because a default judgment revives everything. If the debt is older than the limitations period, raise the statute of limitations as an affirmative defense in your answer. Many defendants win on this alone.
How is a judgment different?
Once a creditor wins a judgment, a separate and much longer enforcement period applies, and judgments can often be renewed. That is why responding before judgment matters more than anything else on this page.
Keep reading
- Medical debt laws 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.