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The short answer
Subsection A generally provides five years for a signed written contract and three years for an unsigned writing or unwritten contract. Subsection B separately gives qualifying medical-debt claims three years, with payment-plan and Medicaid-program exceptions.
The Virginia rule to identify first
Subsection A generally provides five years for a signed written contract and three years for an unsigned writing or unwritten contract. Subsection B separately gives qualifying medical-debt claims three years, with payment-plan and Medicaid-program exceptions.
- Covered claim: Signed written contract under §8.01-246(A)(2); do not use five years for qualifying medical debt covered by subsection B.
- Starting event: For qualifying medical debt, subsection B uses the due date applicable to the final invoice, unless a provider payment plan allows a longer collection period. On breach of that payment plan, it uses three years from the breach. Ordinary contract accrual requires separate review.
Sources: Virginia Code §8.01-246: written, unwritten and medical-debt contracts
What can change the period
- Medical debt here arises directly from healthcare and was originally owed directly to the provider. Subsection B excludes services paid for under Department of Medical Assistance Services programs.
- Subsection C preserves the controlling UCC sales statute. More specific claims and transition or choice-of-law rules require review.
- Medical rule was enacted in 2024; it is not merely a pending proposal. Current official statute checked October 19, 2026.
Sources: Virginia Code §8.01-246: written, unwritten and medical-debt contracts; CFPB — old debts and limitation periods; CFPB Regulation F §1006.26 — time-barred debts
Build the right timeline before making a payment
The first collection letter, the charge-off date, the date the account was sold and the date a lawsuit was filed are different events. A last-payment date alone cannot establish which legal claim is being sued on, which state’s law applies, whether the period was paused or whether a judgment already exists.
| Record | Why it matters |
|---|---|
| Original contract and amendments | Identifies the obligation, governing-law clause and any installment terms. |
| Full payment and charge history | Helps identify default, later payments and any claimed restart. |
| Default or acceleration notices | May matter for installment obligations or a demand for the entire balance. |
| Complaint and service papers | Show the actual claim, filing date, court and separate response deadline. |
| Prior judgment, bankruptcy or earlier lawsuit | Can change the legal framework or pause/extend particular periods. |
If you have already been sued
Virginia small claims uses a Warrant in Debt and a scheduled hearing, with a procedure to remove the matter to General District Court. A Circuit Court complaint has a different answer requirement. Read the court name and return date rather than treating every debt paper as a 30-day-answer summons.
A limitation defense and a court-response deadline are separate questions. Keep the defense available through the proper filing or hearing procedure even while you request records or discuss settlement. A collector’s promise to review an account is not a court extension.
Sources: Virginia court response resource
Court collection and credit reporting are separate
An account disappearing from a credit report does not establish that a lawsuit is too late. Likewise, a limitation period expiring does not by itself erase all records of the account. Federal collector rules restrict suing or threatening suit on time-barred debt, but the applicable state rule and the collector’s role still need to be identified.
Sources: CFPB — old debts and limitation periods; CFPB Regulation F §1006.26 — time-barred debts
Your starting checklist
Keep these records privately. You do not need to upload them here.
Checks stay on this page only.
Questions worth asking
- Can I calculate this from my last payment date?
- Does selling my account start a new period?
- Should I make a small payment on an old account?
Common questions
Can I calculate this from my last payment date?
Not reliably. The type of claim, accrual event, governing law, later activity and any pause or judgment can change the analysis. This guide supplies source rules, not an individualized finding that your debt is time-barred.
Does selling my account start a new period?
A sale to a collector is not by itself proof of a new cause of action. Obtain the original account timeline and investigate any alleged later payment or agreement.
Should I make a small payment on an old account?
First verify ownership, amount and the timing rules. Depending on the applicable law and whether the period has expired, a payment or written promise can affect your defenses.
Sources & further reading
- Virginia Code §8.01-246: written, unwritten and medical-debt contracts
- CFPB — old debts and limitation periods
- CFPB Regulation F §1006.26 — time-barred debts
- Virginia court response resource
Sources checked October 19, 2026. Rules and programs can change. This article uses AI-assisted research and has not received attorney or other professional signoff. Read our editorial standards.
Keep exploring
Educational guidance for U.S. debt situations. This page does not decide legal rights, eligibility, fees or suitability. If you have a court, property or service deadline, seek appropriate help promptly; reading this page does not extend it.