# Virginia statute of limitations on debt

> In Virginia, the statute of limitations on a written contract is 5 years under Va. Code § 8.01-246. Periods for oral contracts, open accounts and promissory notes.

- Source: https://ottoforfirms.com/statute-of-limitations/virginia/
- Publisher: Otto — https://ottoforfirms.com
- Updated: 2026-07-26

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In Virginia, the statute of limitations on a written contract is 5 years under Va. Code § 8.01-246.

**Rule.** A written contract claim in Virginia must be brought within 5 years.

**Authority.** [Va. Code § 8.01-246](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-246/)

| Contract type | Limitations period |
| --- | --- |
| Written contract | 5 yr |
| Oral contract | 3 yr |
| Open account | — |
| Promissory note | 6 yr |

## When does the clock start?

When the breach of contract occurs, not when the resulting damage is discovered (Va. Code § 8.01-230).

## What pauses it?

Disabilities at accrual (§ 8.01-229(A)); death of a party (subsec. B); injunction staying the action (subsec. C); obstruction of filing by the defendant, expressly including the filing of a bankruptcy petition or 'any other direct or indirect means to obstruct the filing' (subsec. D); dismissal, abatement or nonsuit (subsec. E); a 60-day extension for third-party claims filed near expiry (subsec. I); and suspension for debts provable in creditors' suits (subsec. H).

Last reviewed 2026-07-26

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This is an informational reference, not legal advice, and using it creates no attorney-client relationship. Limitations periods turn on facts this page cannot know — which state's law governs, the contract type, when the claim accrued, and whether anything tolled or revived it. Confirm against the primary source and your own counsel before acting.