# 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: 2026-09-01

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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 |

## What the statute says

> 2. In actions on any contract that is not otherwise specified and that is in writing and signed by the party to be charged thereby, or by his agent, within five years whether such writing be under seal or not; ... 4. In actions upon (i) any contract that is not otherwise specified and that is in writing and not signed by the party to be charged, or by his agent, or (ii) any unwritten contract, express or implied, within three years.

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

## 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

## Related

- [District of Columbia statute of limitations](https://ottoforfirms.com/statute-of-limitations/district-of-columbia/) — Neighbouring jurisdiction — written contract, oral contract, open account and promissory note.
- [Kentucky statute of limitations](https://ottoforfirms.com/statute-of-limitations/kentucky/) — Neighbouring jurisdiction — written contract, oral contract, open account and promissory note.
- [Maryland statute of limitations](https://ottoforfirms.com/statute-of-limitations/maryland/) — Neighbouring jurisdiction — written contract, oral contract, open account and promissory note.

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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.