Virginia debt: three years or five, and garnishments that run out

Five years for a written and signed contract (Va. Code 8.01-246(2)), and three years for any unwritten contract, express or implied, which covers open accounts (8.01-246(4)).

Whether a credit card gets five years or three depends on whether there is a signed written agreement. Virginia's Attorney General said in a 2011 advisory that it believes the five-year written-contract period applies.. Ask the collector for the signed agreement: without one, the shorter period is the likely fit.

Since July 1, 2024, a lawsuit on medical debt must be filed within three years of the due date on the final invoice, or within three years of a missed payment-plan payment (Va. Code 8.01-246(B)); debts for care paid under Virginia's Medicaid programs are excluded. Even a small partial payment on an old account can restart the time limit.

A garnishment can take no more than the lesser of 25% of weekly disposable earnings or the amount above 40 times the federal minimum wage (Va. Code 34-29), a higher floor than the federal 30 times.

Virginia also allows a homestead exemption of $5,000, or $10,000 for people 65 or older, which can be used to protect wages or money in a bank account from garnishment. A wage garnishment summons can run for up to 180 days and a bank account garnishment for up to 90 days (Va. Code 8.01-514), so a creditor has to go back to court to continue. Anyone served with a garnishment must receive a list of the exemptions they can claim (Va. Code 8.01-512.4): read it, because exemptions are not applied automatically.

Virginia's protections sit on top of federal law; our page on stopping a wage garnishment explains both.

Since July 1, 2026, Virginia's Medical Debt Protection Act (Va. Code 59.1-611 to 59.1-613) bars large health care facilities and medical debt buyers from charging interest or late fees until 90 days after the final invoice is due, caps that interest at 3% a year, and bars any medical creditor or collector from lawsuits, garnishment or other extraordinary collection actions until 120 days after that due date, with 30 days' written notice first. Breaking the Medical Debt Protection Act counts as a prohibited practice under the Virginia Consumer Protection Act.

So for a medical bill, check the dates: no lawsuit or garnishment before 120 days and a written notice, no interest before 90 days, and never more than 3%.

Compare the 3-year limit with every other state in our statute of limitations on debt by state table.

Limits vary a lot between states: by comparison, Arizona sets 6 years and Indiana sets 6 years for similar debts.

For medical bills in Virginia, see what happens if you do not pay medical bills and whether medical bills affect your credit score.

Medical bills are also unusually negotiable: our guide on how to negotiate medical bills covers itemized bills, errors and charity care, and what happens if a medical bill goes unpaid sets out the stakes.

A Virginia summons has a short deadline. Our debt lawsuit guide covers answering it, defenses such as the time limit, and settling.

A written dispute inside the validation period makes the collector stop until it mails verification. The check on this page starts with Virginia already selected.

Our guide on how to dispute a debt with a collector applies in Virginia, with a free sample letter.

Virginia residents often hear from national agencies like Crown Asset Management and Enhanced Recovery Company; see our guides to each.