Debt relief in Virginia: collection rules, time limits and your options
Updated November 9, 2026
Virginia at a glance (checked November 2026)
| Virginia | |
|---|---|
| Time limit to sue on credit cards | Usually 5 years; 3 years if there's no written agreement |
| Wage garnishment for consumer debt | Up to 25% of take-home pay; weekly pay up to $510.80 is protected |
| State debt collection law | None of its own; the federal law applies |
| Who licenses debt collectors | No state license |
| Where to complain | Virginia Attorney General's Consumer Protection Section, and the CFPB |
Debt collection rules in Virginia
Virginia doesn't license debt collectors or have its own debt collection law, so the federal Fair Debt Collection Practices Act is your main protection. A third-party collector can't call before 8 a.m. or after 9 p.m., threaten arrest or a lawsuit it doesn't plan to file, or misstate what you owe. It must send you a validation notice, and if you dispute the debt in writing within 30 days, it has to stop until it verifies the debt.
Virginia does license companies that sell debt help. Debt settlement companies have needed a license from the State Corporation Commission's Bureau of Financial Institutions since July 2021, and the same bureau licenses credit counseling agencies.
How long creditors have to sue
- 5 years for a written contract (Va. Code § 8.01-246).
- 3 years for an unwritten contract or an open account (§ 8.01-246).
Credit cards are usually treated as written contracts, so plan on 5 years, though it can depend on the paperwork the lender has. The clock usually starts when you default. A written promise to pay can restart it, so get advice before you sign anything or pay on a very old debt.
Most debt suits in Virginia start in General District Court with a "warrant in debt," which gives a return date. Go to court on that date. If you don't, the creditor can get a judgment against you without a trial. If you're sued in Circuit Court instead, you have 21 days after you're served to file a written response.
What can be garnished in Virginia
A creditor with a judgment can take the lesser of 25% of your take-home pay or the amount you take home above 40 times the federal or Virginia minimum wage, whichever is higher (Va. Code § 34-29). At Virginia's 2026 minimum wage of $12.77, the first $510.80 a week is protected.
Virginia's homestead exemption isn't limited to a home. It lets you protect $5,000 of property of your choice, including money in the bank, or $10,000 if you're 65 or older (§ 34-4). Outside bankruptcy, you have to file a homestead deed to use it against a garnishment or a levy.
Child support and taxes follow separate rules. Social Security and other federal benefits stay protected from ordinary creditors, even after they're deposited in your bank account.
Ways out of debt in Virginia
- Nonprofit credit counseling can combine your card payments into one debt management plan with lower rates. Check that the agency is licensed by the State Corporation Commission before you sign up.
- How long will your cards take? Our credit card payoff calculator shows your debt-free date at the payment you can afford.
- Debt settlement companies need a Virginia license, and under federal rules they can't charge you a fee until they've actually settled a debt. Forgiven amounts can count as taxable income.
- Bankruptcy: Virginia makes you use its own exemption list rather than the federal one. That list includes the homestead exemption, which you can claim in bankruptcy without filing a deed. A bankruptcy attorney can tell you what you would keep.
Where to get help or complain
- Virginia Attorney General, Consumer Protection Section takes complaints online, or call 1-800-552-9963.
- State Corporation Commission, Bureau of Financial Institutions licenses debt settlement and credit counseling companies, so you can check a company there before you sign up.
- Consumer Financial Protection Bureau takes complaints about collectors and lenders nationwide.
- VirginiaLawHelp explains what to do if you're sued for a debt and helps you find free legal aid.
General information about Virginia law, not legal advice. Checked November 2026.