Virginia Statute of Limitations on Debt
Virginia distinguishes between written and oral contracts. Most consumer debt backed by written documentation — credit cards, medical bills, auto loans — gives collectors five years to sue. Undocumented oral agreements expire in three years.
| Debt Type | Statute of Limitations | |---|---| | Credit card debt (open account) | 5 years | | Medical debt | 5 years | | Auto loans (written contract) | 5 years | | Personal loans (written contract) | 5 years | | Oral contracts | 3 years | | Promissory notes | 5 years |
The SOL runs from the date of default or last payment. After the applicable period expires, collectors cannot obtain a judgment in Virginia court. You must raise the SOL as an affirmative defense if sued.
Note: Virginia courts have found that partial payment or written acknowledgment of a debt can restart the SOL. Handle old accounts carefully before taking any action.
Virginia-Specific Consumer Protections
Virginia Consumer Protection Act (VCPA, Va. Code § 59.1-196 et seq.) Virginia's Consumer Protection Act prohibits fraudulent acts, deceptive practices, and false advertising in consumer transactions. The AG and private consumers can bring claims. Successful plaintiffs recover actual damages; courts can award civil penalties up to $2,500 per willful violation plus attorney's fees.
Virginia Debt Collection Act (Va. Code § 18.2-213) Virginia has specific criminal and civil prohibitions on debt collection fraud and harassment. While enforcement is primarily through the AG, these provisions supplement consumer remedies.
Virginia Consumer Data Protection Act (VCDPA) Virginia enacted comprehensive data privacy legislation in 2021. While primarily a data privacy law, it gives consumers rights to access and correct personal data held by businesses — rights that can intersect with credit reporting disputes.
Virginia Wage Garnishment Virginia follows federal garnishment limits: 25% of disposable earnings or amounts exceeding 30 times the federal minimum wage per week, whichever is less. Virginia exempts certain income types from garnishment.
How to File a Complaint in Virginia
Virginia Attorney General's Office — Consumer Protection
- Website: oag.state.va.us/consumer-protection
- Phone: 1-800-552-9963
- Online complaint form available
Virginia Bureau of Financial Institutions
- Website: scc.virginia.gov/bfi
- Phone: (804) 371-9657
- For complaints about licensed collection agencies
Federal Rights That Apply Regardless of State
- Fair Credit Reporting Act (FCRA): Dispute inaccurate items; bureaus must respond within 30 days.
- Fair Debt Collection Practices Act (FDCPA): Federal collector conduct standards.
- Fair Credit Billing Act (FCBA): Billing error protections.
File at consumerfinance.gov/complaint.
Your First Action Step
Pull your credit reports at annualcreditreport.com. Any written contract debt with a default date more than five years ago is time-barred for litigation in Virginia. Identify every collection account, verify the original delinquency date, and dispute any inaccurate information in writing by certified mail to each bureau. If you're facing a lawsuit on a potentially time-barred debt, file a response raising the SOL defense immediately.