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Virginia debt collection rules: lawsuit deadlines, garnishment limits and judgments

By Debt Savvy Editorial Team · Checked against the law on 2026-09-30

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 sueIn 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 lawsuitIn 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 limitIn 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 lastsA 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 formulaFrom 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

Most a creditor can garnish from one week of disposable earnings — pay left after the amounts the law requires to be withheld — for an ordinary consumer debt such as a credit card judgment (15 U.S.C. § 1672(a)-(b)). Support orders, taxes and defaulted federal student loans follow different rules (15 U.S.C. § 1673(b)(1), 20 U.S.C. § 1095a(a)(1)).
Where you live$600.00 a week$800.00 a weekLaw
Virginia$89.20$200.00Va. 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

Compare wage garnishment limits across every state we have verified

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