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Statute of Limitations on Debt in Virginia

In Virginia, a creditor has 5 years to sue on a signed written contract, 3 years on an oral or unsigned contract or open account, and 6 years on a promissory note.

Last checked . General information, not legal advice.

Virginia at a glance

Written contracts
5 years
The writing must be signed by the party to be charged or an agent.
Oral contracts
3 years
Also applies to written contracts not signed by the party to be charged.
Promissory notes
6 years
Va. Code 8.3A-118 for notes payable at a definite time.
Open accounts
3 years
An account without a signed writing falls under the 3-year rule for unwritten contracts, express or implied.

Sources

Last checked

The rules in Virginia

What is the statute of limitations for a written contract in Virginia?

Written contracts in Virginia: 5 years. The writing must be signed by the party to be charged or an agent.

What is the statute of limitations for an oral contract in Virginia?

Oral contracts in Virginia: 3 years. Also applies to written contracts not signed by the party to be charged.

What is the statute of limitations on a promissory note in Virginia?

Promissory notes in Virginia: 6 years. Va. Code 8.3A-118 for notes payable at a definite time.

What is the statute of limitations on an open account, such as a credit card, in Virginia?

Open accounts in Virginia: 3 years. An account without a signed writing falls under the 3-year rule for unwritten contracts, express or implied.

Where do the Virginia statutes of limitations on debt come from?

The rules above come from Va. Code 8.01-246 and Va. Code 8.3A-118. Each source is linked on this page. We last checked them in October 2026.

Good to know

Since a 2024 amendment, actions to collect medical debt are barred 3 years from the due date of the final invoice, unless a payment plan allows longer.

What this means in practice

The clock usually starts when the debt is breached, which for a loan or account is often the date of the missed payment or the last payment made. In some states a new payment or a written acknowledgment of the debt can restart or extend the period, so the starting date matters as much as the length.

A statute of limitations is generally a defense the person being sued has to raise. If a lawsuit on an old debt is filed and nobody responds, the court can enter a judgment even if the period had expired. Judgments have their own, separate enforcement periods.

Which state's deadline applies is not always obvious. Contracts may contain a choice of law clause, and some states have borrowing statutes that apply a shorter period from another state. Federal rules also bar debt collectors from suing or threatening to sue on time-barred consumer debt. For a specific dispute, check the statute and consider talking to an attorney.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.