If a creditor or debt collector is threatening to sue you — or already has — one of the first questions is whether they’re still legally allowed to. Virginia law puts a time limit on how long a creditor can wait before filing a lawsuit over most debts. Wait too long, and the debt becomes effectively uncollectible in court, even though it isn’t erased.
How Long Creditors Have to Sue in Virginia
Under Va. Code Section 8.01-246, the deadline depends on the type of contract behind the debt:
- 5 years for a written contract signed by the person being sued — this covers most credit card agreements, promissory notes, and signed loan documents.
- 3 years for an unwritten (oral) contract, or a written contract not signed by the person being sued.
- 3 years for medical debt, measured from the due date on the final invoice — or, if you’re on a payment plan with the provider, 3 years from the date you broke the plan. (This medical-debt rule was added to the statute in 2024.)
For any personal action that isn’t covered by a more specific statute, Va. Code Section 8.01-248 sets a catch-all deadline of 2 years after the right to sue accrued.
This Doesn’t Erase the Debt — and It’s Not Automatic
A time-barred debt doesn’t disappear. You can still owe it, and a collector can still ask you to pay it voluntarily. What changes is whether a court can enter a valid judgment against you over it. The statute of limitations is also not self-executing — if you’re sued on an old debt, you (or your attorney) have to raise the expired deadline as a defense; the court won’t necessarily catch it on its own.
Already Have a Judgment Against You? Different Clock.
If a creditor already sued you and won — or you’re now dealing with a garnishment — the statute of limitations on the underlying debt no longer matters. What matters is Va. Code Section 8.01-251, which governs how long a judgment itself can be enforced:
- Judgments dated before July 1, 2021: enforceable for 20 years from the date of the judgment (or from a prior extension).
- Judgments dated on or after July 1, 2021: enforceable for 10 years — except judgments for unpaid child support, which remain enforceable for 20 years.
- A judgment creditor can extend either deadline by recording a certificate of extension with the circuit court clerk before the original period runs out, adding up to 10 more years (and, in most cases, one additional 10-year extension after that).
In other words, a garnishment based on a judgment from several years ago isn’t necessarily time-barred just because it’s old — check the judgment date and whether it’s been extended.
What This Means If You’re Being Garnished
If your wages or bank account are being garnished, the statute of limitations may or may not help you, depending on whether the creditor already has a judgment:
- If you’re being sued on an old debt and no judgment exists yet, an expired statute of limitations can be a full defense — but you have to raise it.
- If a judgment already exists, the relevant question is whether the judgment itself is still enforceable under Section 8.01-251, not how old the original debt was.
Either way, filing a Virginia homestead deed protects exempt wages, bank funds, and property from an active garnishment regardless of how old the debt is. See why am I being garnished and will filing a homestead deed stop my garnishment for how the exemption process works alongside an active collection.
Protect What the Law Allows
Whether a debt is old, disputed, or already in judgment, a properly prepared Virginia homestead deed lets you claim the exemptions you’re entitled to, prepared to meet Virginia’s format and content requirements before it’s filed.
Frequently Asked Questions
Does the statute of limitations mean I don’t have to pay?
No. The debt still legally exists; the statute of limitations only limits a creditor’s ability to win a new lawsuit over it. Making a payment or written acknowledgment on certain debts can also restart or affect these deadlines, so get advice before you pay anything on an old debt you plan to dispute.
How do I know if a debt is time-barred?
It depends on the type of contract, when the debt became due, and whether anything paused or restarted the clock. An attorney can review your specific timeline before you respond to a lawsuit or garnishment.
Sources: Code of Virginia Sections 8.01-246, 8.01-248, and 8.01-251, law.lis.virginia.gov, verified current as of July 9, 2026. This page provides general information and is not legal advice.