Statute of limitations in Virginia

The periods in Virginia

In Virginia, the time limit to sue is 5 years for a written contract, 3 years for an oral contract and 5 years for damage to property. Each period runs from the date the claim arises, which statutes usually call the date the cause of action accrues; in the ordinary case that is the day of the breach or the damage.

A written contract: Va. Code § 8.01-246(2) reads “In actions on any contract that is not otherwise specified and that is in writing and signed by the party to be charged … within five years.”

An oral contract: Va. Code § 8.01-246(4) reads “In actions upon (i) any contract that is not otherwise specified and that is in writing and not signed by the party … or (ii) any unwritten contract, express or implied, within three years.”

Damage to property: Va. Code § 8.01-243(B) reads “Every action for injury to property, … shall be brought within five years after the cause of action accrues.”

Putting the agreement in writing adds 2 years: 5 years for a written contract against 3 years for an oral one, a ratio of 1.7 to 1.

Worked dates for a claim that arose on March 15, 2026: a written contract reaches its 5 years on March 15, 2031, an oral contract reaches its 3 years on March 15, 2029 and damage to property reaches its 5 years on March 15, 2031. Tolling rules (for example while a defendant is out of state, or for a minor) can extend a period, and some claims run from when the harm was discovered; the dates show the plain count only.

Among the 34 jurisdictions verified here, 22 allow longer than 5 years on a written contract and 7 allow less (median 6 years). For property damage, 24 of 33 give less than Virginia's 5 years (median 3 years). No other verified state has the same combination of periods.

Neighbouring states with verified periods (written / oral / property): Kentucky 10 / 5 / 2, Maryland 3 / 3 / 3, North Carolina 3 / 3 / 3, West Virginia 10 / 5 / 2 and District of Columbia 3 / 3 / 3. Which state's period applies to a dispute that crosses a border is itself a legal question.

A written contract that the party being sued did not sign falls under the three-year period with unwritten contracts (§ 8.01-246(4)).

The time limit is the same whichever court hears the case. A claim of $5,000 or less can be filed in Virginia small claims (small claims limit), and it must still be filed inside the period above.

Sources: Virginia Law, Va. Code § 8.01-246; Virginia Law, Va. Code § 8.01-243 · last checked October 21, 2026.

Before the deadline

A limitation period is a cut-off for filing, not a measure of whether a claim is good. The guide on how limitation periods work explains accrual, tolling and the difference between written and oral contracts, and the small claims filing guide covers the next step.