Virginia Statute of Limitations for Written Contracts
In Virginia, the statute of limitations for written contracts is 5 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 5 years from accrual.
- Statute: Va. Code § 8.01-246(2).
- Accrues on the date of breach.
What are written contracts claims?
Claims arising from a written agreement, including promissory notes, leases, and purchase contracts.
Details
Accrues on the date of breach.
General Virginia Rules
Virginia distinguishes between written contracts (5 years) and oral contracts (3 years). The state has a 2-year personal injury statute and a 10-year statute of repose for medical malpractice. Virginia does not broadly apply the discovery rule, except for medical malpractice and fraud claims.
Other Statutes of Limitations in Virginia
Written Contracts in Other States
Frequently Asked Questions
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What is the statute of limitations for written contracts in Virginia?
The statute of limitations for written contracts in Virginia is 5 years. Citation: Va. Code § 8.01-246(2).
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When does the clock start for written contracts in Virginia?
Accrues on the date of breach.
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Can the statute of limitations for written contracts be extended in Virginia?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.