Virginia Statute of Limitations on Debt: 2024 Guide

If you live in Virginia and debt collectors are calling, you need to know your rights. The statute of limitations on debt could be your strongest defense. In Virginia, creditors have limited time to sue you for unpaid debts. Once that time expires, they lose their legal power to collect through the courts.

What Is the Statute of Limitations on Debt?

The statute of limitations sets a deadline for lawsuits. After this period expires, creditors cannot sue you to collect the debt. You gain a powerful defense if they try.

Respond to Your Virginia Debt Lawsuit in 15 Minutes

You have only 21 days to respond before collectors win by default. Draft and file your Answer now using the statute of limitations as your defense.

Start Your Answer

The time limit varies by debt type and state. Virginia has specific rules that differ from other states. Some credit card agreements include choice of law provisions. These provisions can change which state’s laws apply to your debt.

Understanding these timelines protects you from illegal collection attempts. You can assert the statute of limitations as an affirmative defense in court.

Virginia Statute of Limitations by Debt Type

Virginia law establishes clear deadlines for different debt types. Code of Virginia §8.01-246(2) covers written contracts. Code of Virginia §8.01-246(4) addresses oral and unsigned contracts.

Written Contracts: 5 Years

Virginia gives creditors five years to sue on written, signed contracts. This includes most common debts:

Credit card debt
Medical bills
Auto loans
Student loans
Mortgages
Personal loans

The clock starts from your last account activity or payment.

Oral and Open Accounts: 3 Years

Debts without written, signed contracts have shorter deadlines. Virginia allows only three years for:

Oral contracts
Open accounts
Implied contracts
Unsigned written agreements

Judgments: 10 Years

If a creditor already has a court judgment against you, they get 10 years to collect. Judgments can be renewed, extending this period further.

Quick Reference Table

Debt Type	Time Limit
Credit Card	5 years
Medical Bills	5 years
Auto Loan	5 years
Personal Loan	5 years
Mortgage	5 years
Student Loan	5 years
Oral Contract	3 years
Open Account	3 years
Court Judgment	10 years

Real Example: Using the Statute of Limitations as a Defense

Sarah received a lawsuit from a debt collector for an old credit card. The collector claimed she owed $3,500. Sarah checked her records and found no activity for over six years.

She knew Virginia’s statute of limitations on credit card debt is five years. Sarah used our partner Solo to file an Answer with the court. She listed the expired statute of limitations as an affirmative defense. The court dismissed the case.

Never Make Payments on Time-Barred Debt

Debt collectors often use a sneaky tactic. They ask for a small “good faith” payment on old debts. Do not fall for this trick.

Any payment restarts the statute of limitations clock. Even acknowledging the debt in writing can reset the timeline. The collector gains five more years to sue you.

Always check the debt’s age before making any payment. Ask the collector for the date of last activity. They must tell you the truth under federal law.

Virginia Debt Collection Laws That Protect You

Virginia has strong consumer protection laws. These laws work alongside federal protections to shield you from abusive collectors.

Fair Debt Collection Practices Act (FDCPA)

The FDCPA is federal law that limits collector behavior. Collectors cannot:

Call before 8 am or after 9 pm
Contact you at work if you ask them to stop
Use threatening or abusive language
Lie about the debt or their identity
Harass you with repeated calls

The FDCPA requires collectors to tell you if a debt is time-barred. You just have to ask the question directly.

Virginia Debt Collection Act

Virginia’s state law guides collection of state debts like fines and fees. The law allows the state more aggressive collection methods for government debts.

Code of Virginia §18.2-213

Virginia law prohibits fake legal documents in debt collection. Collectors cannot send papers that look like court documents, warrants, or liens. Violating this law is a Class 4 misdemeanor.

You have rights if a collector sends fake legal paperwork. Report them to the Consumer Financial Protection Bureau immediately.

How to Respond to Debt Collection Letters in Virginia

First, verify the document is legitimate. Virginia collectors cannot fake court papers. Real collection letters come on company letterhead, not court forms.

Send a Debt Validation Letter within 30 days of first contact. This forces the collector to prove:

You owe the debt
The amount is accurate
They have the right to collect it

Collectors must stop all collection activity until they validate the debt. If they cannot validate it, they cannot continue collecting.

Keep copies of all letters and notes from phone calls. Document everything for your protection.

Questions to Ask Debt Collectors

Protect yourself by asking these specific questions:

Is this debt time-barred under Virginia law?
What was the date of last payment or activity?
Who is the original creditor?
Can you send written validation of this debt?
Are you licensed to collect in Virginia?

Collectors must answer honestly under the FDCPA. Record their answers in writing. If they refuse to answer, that’s a red flag.

How to Respond to a Debt Lawsuit in Virginia

You have 21 days to respond to a debt lawsuit in Virginia. Missing this deadline results in a default judgment. The collector wins automatically and can garnish your wages.

Follow these steps to fight back:

Step 1: Answer Each Claim

Read the Complaint carefully. Respond to each numbered paragraph. Admit what’s true, deny what’s false, and state if you lack knowledge.

Step 2: Assert Affirmative Defenses

List all defenses that apply to your case:

Statute of limitations has expired
Debt was already paid
Amount is incorrect
Wrong person (mistaken identity)
Collector lacks proof of ownership

The statute of limitations is your strongest defense for old debts.

Step 3: File Your Answer

File your Answer with the court clerk. Send a copy to the opposing attorney. Keep proof of filing and mailing.

You can our partner Solo to draft, review, and file your Answer. The service walks you through every step and has an attorney review your document.

What Happens After You File an Answer?

Filing an Answer changes everything. The collector cannot win by default. They must prove their case in court.

Many collectors drop cases after receiving an Answer. They know proving old debts is difficult. Some will offer to settle for less than you supposedly owe.

You gain negotiating power by fighting back. Collectors often accept 30-50% of the debt to avoid court costs.

Settling Debt vs. Going to Court

You have options after filing an Answer. You can negotiate a settlement or proceed to trial.

Settlement Benefits

Resolve the matter quickly
Pay less than the full amount
Avoid court appearances
Get the lawsuit dismissed

Going to Trial

If the statute of limitations has expired, go to trial. The judge will likely dismiss the case. You owe nothing when the statute of limitations is your defense.

Collectors rarely have strong evidence for old debts. They often lack original contracts or detailed payment records.

Protect Yourself From Future Collection Attempts

Even after the statute of limitations expires, collectors may still contact you. The debt still exists, but they cannot sue you for it.

You can send a cease and desist letter. The collector must stop contacting you after receiving this letter. They can only contact you to confirm they received the letter or to notify you of specific actions like filing a lawsuit.

Never restart the clock on old debt. Avoid these actions:

Making any payment, no matter how small
Signing any documents about the debt
Admitting you owe the debt in writing
Making a payment arrangement

Any of these actions can reset the statute of limitations. The collector gets a fresh five years to sue you.

Understanding Zombie Debt

Zombie debt is old debt that collectors buy for pennies. They hope you’ll pay something without checking if they can legally sue you.

These debts are often past the statute of limitations. Collectors count on you not knowing your rights. They use aggressive tactics to scare you into paying.

Always verify the debt age before responding. Check your credit report for the date of first delinquency. Add the appropriate statute of limitations period (3 or 5 years).

If the deadline has passed, you have a complete defense. Our partner Solo can help you respond to zombie debt lawsuits with confidence.

Credit Report Impact of Time-Barred Debt

Time-barred debt can still appear on your credit report. The statute of limitations for lawsuits differs from credit reporting limits.

Most negative items fall off your credit report after seven years. The seven-year period starts from the date of first delinquency. This happens regardless of the statute of limitations for lawsuits.

Paying an old debt doesn’t remove it from your credit report. It also doesn’t extend the credit reporting period. The debt still falls off after seven years from the original delinquency.

When to Seek Legal Help

You may need an attorney if:

The debt amount is very large
You’re being sued by multiple creditors
Collectors violated the FDCPA
You’re facing wage garnishment
The collector has already obtained a judgment

Many consumer attorneys offer free consultations. Some work on contingency for FDCPA violations. You pay nothing unless you win.

Virginia legal aid organizations can also help if you qualify based on income.

Frequently Asked Questions

What is the statute of limitations on credit card debt in Virginia?

The statute of limitations on credit card debt in Virginia is five years. This period begins from the date of your last payment or account activity. After five years, creditors cannot sue you to collect the debt, though they may still attempt to collect through phone calls and letters.

How do I know if my debt is past the statute of limitations in Virginia?

Check the date of your last payment or account activity. Add five years for written contracts (credit cards, medical bills, loans) or three years for oral contracts. If that date has passed, the debt is time-barred. You can also ask the debt collector directly for the date of last activity—they must answer truthfully under federal law.

Can debt collectors still contact me about time-barred debt in Virginia?

Yes, debt collectors can still contact you about time-barred debt. However, they cannot sue you in court to collect it. You can send a cease and desist letter to stop all contact. Never make a payment or acknowledge the debt in writing, as this restarts the statute of limitations.

What happens if I make a payment on old debt in Virginia?

Making any payment on time-barred debt restarts the statute of limitations clock. The creditor gains a fresh five years (or three years for oral contracts) to sue you. Even a small payment counts. Always verify the debt age before making any payment on old accounts.

How do I respond to a debt lawsuit in Virginia?

You have 21 days to file an Answer with the court. Your Answer must respond to each claim and include affirmative defenses like the expired statute of limitations. File your Answer with the court clerk and send a copy to the opposing attorney. Consider using a service to help draft and file your Answer properly.

Virginia Statute of Limitations on Debt: Know Your Rights