Virginia debt collection rules: lawsuit deadlines, garnishment limits and judgments
In Virginia, a lawsuit on a written, signed contract must be filed within 5 years. On $800.00 of weekly take-home pay, a creditor with a judgment for an ordinary consumer debt can garnish at most $200.00 a week in Virginia.
The rules at a glance
| Deadline for a creditor to sue | In Virginia, a lawsuit on a written, signed contract must be filed within 5 years. (Va. Code § 8.01-246(A)(2)) In Virginia, a lawsuit on an unwritten contract must be filed within 3 years. (Va. Code § 8.01-246(A)(4)) |
|---|---|
| Deadline to respond to a lawsuit | In Virginia circuit court, a defendant must file a response within 21 days after being served. (Rules of the Supreme Court of Virginia, Rule 3:8) A Virginia warrant in debt names a return date, the date the case is tried unless all parties agree otherwise. If a properly served defendant does not appear, the court may enter a default judgment. (Form DC-412, Warrant in Debt) |
| Wage garnishment limit | In Virginia, a creditor can garnish no more than the lesser of 25% of weekly disposable earnings or the amount by which they exceed 40 times the federal or Virginia minimum hourly wage, whichever is greater. At $12.77 that protects the first $510.80 a week. (Va. Code § 34-29(A)) |
| How long a judgment lasts | A Virginia general district court judgment can be enforced for 10 years from the date of judgment. (Va. Code § 16.1-94.1) A Virginia circuit court judgment dated on or after July 1, 2021 can be enforced for 10 years, and the creditor can extend it by recording a certificate before it expires. (Va. Code § 8.01-251) |
| Minimum wage used in the garnishment formula | From January 1, 2026 until January 1, 2027 the Virginia minimum hourly wage is the greater of $12.77 or the federal minimum wage. It rises to $13.75 on January 1, 2027. (Va. Code § 40.1-28.10(B)) |
How much of your pay can be garnished
| Where you live | $600.00 a week | $800.00 a week | Law |
|---|---|---|---|
| Virginia | $89.20 | $200.00 | Va. Code § 34-29(A) |
Frequently asked questions
How long does a creditor have to sue for a debt in Virginia?
In Virginia, a lawsuit on a written, signed contract must be filed within 5 years.
How much of my paycheck can be garnished in Virginia?
In Virginia, a creditor can garnish no more than the lesser of 25% of weekly disposable earnings or the amount by which they exceed 40 times the federal or Virginia minimum hourly wage, whichever is greater. At $12.77 that protects the first $510.80 a week.
Questions answered for Virginia
- How long does a debt judgment last in Virginia?
- How much of my paycheck can be garnished in Virginia in 2026?
- I got a warrant in debt in Virginia. What happens on the return date?
- How long can a creditor sue me for credit card debt in Virginia?
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