Consumer Debt · Statute of Limitations
Statute of Limitations on Debt in Virginia
How long a creditor or debt collector has to sue you over a debt in Virginia, by debt type — and, just as important, when that clock can restart.
The four limits at a glance
Years a lawsuit is allowed, by debt type. Credit card is the most-searched.
It depends on the paperwork. If the creditor can produce a signed cardholder agreement, the card is a written contract at 5 years (§8.01-246(2)). If not — common for assigned debt-buyer accounts — it is an unwritten contract at 3 years (§8.01-246(4)). Original-creditor claims often argue 5 years; assigned debts often drop to 3. Show both.
When the clock starts — and what can restart it
The single most misunderstood part of debt limitations.
Va. Code §8.01-229(G) governs revival: a new promise or acknowledgment signed by the debtor revives the claim. A partial payment is also reported to restart the clock, but the strongest statutory hook is a signed writing.
A statute of limitations does not erase the debt or wipe it from your credit report — it is a defense you must raise if you are sued after the period runs. In many states a partial payment or a signed written acknowledgment can restart the clock, so be careful before paying or signing anything on an old account. This page is legal information, not legal advice.
The full limits, with the statute
Every period and how Virginia classifies each debt type.
| Debt type | Limit in Virginia | How it's classified |
|---|---|---|
| Credit card | 5 or 3 years | Conditional — whether a signed cardholder agreement can be produced |
| Written contract | 5 years | — |
| Oral contract | 3 years | — |
| Open account | 3 years | — |
| Promissory note | 6 years (UCC §8.3A-118) | A negotiable note generally falls under the UCC at 6 years. |
Promissory-note periods often come from the UCC (§3-118, generally 6 years) rather than the general contract statute; confirm the instrument type for a specific note.
What Virginia debtors get wrong
Virginia is the second state where one number would mislead. A credit card is a 5-year written contract if the creditor can produce a signed cardholder agreement (§8.01-246(2)) — but only a 3-year unwritten contract if it can't (§8.01-246(4)), which is common once a debt buyer has taken over. Original creditors tend to claim 5 years; assigned accounts often fall to 3. Either way, watch revival: a signed acknowledgment (and, by some accounts, a partial payment) can restart the clock under §8.01-229.
Common questions
What is the statute of limitations on credit-card debt in Virginia?
Either 5 or 3 years. It is 5 years as a written contract if a signed cardholder agreement can be produced (§8.01-246(2)), and 3 years as an unwritten contract if it cannot (§8.01-246(4)) — common for debt-buyer accounts.
Why do I see both 3 and 5 years for Virginia debt?
Because the answer is conditional. With a signed agreement, the card is a 5-year written contract; without one, it is a 3-year unwritten contract. Assigned debts often end up in the 3-year bucket.
Can a payment restart the debt clock in Virginia?
A signed new promise or acknowledgment revives the claim under §8.01-229(G), and a partial payment is also reported to restart it — so be cautious about paying or signing anything on an old account.
When does the Virginia debt clock start?
At default or breach — generally around the first missed payment after your last full payment. The applicable 5- or 3-year period runs from there.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.