Sued in Virginia? You may have only 21 days to answer
General District Court (warrant in debt): no written answer, but go to court on the date set. Circuit Court: 21 days.
Checked against official sources: Oct 24, 2026. · Free letters and forms ↓
Count your answer deadline in Virginia
Pick your court and the day you were served (got the court papers). We show the last day to answer and what to do next.
Virginia guides by topic
How to answer in Virginia
Your deadline by court, the official form, fees and defenses.
Default judgment in Virginia
What a default means and how to set it aside, with a calculator.
After a judgment in Virginia
Wage garnishment, bank levies and how to claim an exemption.
Debt buyer lawsuits in Virginia
What a debt buyer must prove, and old debts as a defense.
Which court hears debt cases in Virginia
General District Court (warrant in debt)
Most consumer debt suits are filed here on a Warrant in Debt (form DC-412). The court alone hears claims up to $4,500 and shares cases from $4,500 to $50,000 with the Circuit Court, not counting interest and attorney fees.
Law: Va. Code § 16.1-77(1)
Circuit Court
Debt cases over $50,000, and cases over $4,500 that the plaintiff chooses to file there. Starts with a summons and complaint.
Law: Va. Code § 16.1-77(1)
Small Claims Division (General District Court)
For claims of $5,000 or less. Lawyers can't represent others there, except to move the case to the regular General District Court; the defendant can also move it there before the judge decides.
Law: Va. Code § 16.1-122.2
How to answer in Virginia
- How to answer
General District Court: go to court on the return date and tell the judge you dispute the claim; the court sets a trial date. If ordered, file and serve written Grounds of Defense by the deadline, or the plaintiff may get summary judgment. Circuit Court: file a written answer (or other responsive pleading) with the clerk and serve a copy on the plaintiff's lawyer.
- If you can't pay the fees
Petition for Proceeding in Civil Case Without Payment of Fees or Costs (form CC-1414): https://www.vacourts.gov/forms/circuit/cc1414.pdf
- How you must be served
The papers must be handed to you in person. If you aren't found at home, they can be given to a family member aged 16 or older who lives there and told what they are. If that fails, they can be posted on your front door, and then a copy must be mailed to you at least 10 days before a default judgment can be entered.
Law: Va. Code § 8.01-296
Law: Rules of the Supreme Court of Virginia 7B:2, 7B:3(d), 3:8(a); form DC-412
Defenses to know in Virginia
- Defenses in Virginia law
The statute of limitations is a defense: 5 years on a signed written contract, 3 years on an unwritten or unsigned contract, and 3 years for medical debt. In General District Court the defendant is not required to appear, but if you don't, judgment may be granted for the plaintiff.
Law: Va. Code § 8.01-246; Rule 7B:3(d)
- Debt buyer lawsuits
- From January 1, 2027, in any lawsuit to collect a consumer debt, the plaintiff's lawyer must put their name, business address and a direct business phone number on the first pleading and every later filing. Debt buyer lawsuits in Virginia: the full rules
- Time limit to sue (written contract)
- 5 years · More on old debts at Debt Collector Map
If you missed the deadline in Virginia
A default judgment means the court decides against you because you didn't answer. You may be able to ask the court to set it aside (cancel it), but time limits are short.
- What happens
If you don't appear on the return date (General District Court) or don't respond within 21 days (Circuit Court), the court may enter a default judgment for the plaintiff. That can lead to wage garnishment and a lien on your bank account.
- How to set it aside (cancel it)
General District Court: file a motion for a new trial within 30 days after the judgment (not counting the day it was entered); the court must rule within 45 days after the judgment. Any court: you can ask to set aside a default judgment that is void (for example, you were not properly served), on proof of an accord and satisfaction, or because you were a servicemember; a motion for fraud on the court must be made within 2 years.
Law: Va. Code § 16.1-97.1; Va. Code § 8.01-428(A)
Law: Va. Code §§ 16.1-97.1, 8.01-428
Count your deadline to set aside a default
If there is a judgment in Virginia
A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.
- Interest after the judgment
6% a year. But a judgment on a contract carries the contract's lawful interest rate if that is higher than 6%. The rate in effect when the judgment is entered stays fixed.
- How long it lasts
General District Court judgments: enforceable for 10 years. For judgments entered before July 1, 2026, the creditor could keep them alive longer by docketing them in Circuit Court before the 10 years ran out; for judgments entered on or after July 1, 2026, that option is gone and the 10-year limit applies. Circuit Court judgments dated on or after July 1, 2021: 10 years, which the creditor can extend by recording a certificate before it expires (10 more years), and once more after that. Older Circuit Court judgments: 20 years.
Law: Va. Code § 6.2-302; § 16.1-94.1; § 8.01-251
Garnishment, bank levy and exemptions in Virginia
Exempt means protected by law: money or property the creditor can't take. Often you must claim it yourself, fast.
- Wage garnishment (taking part of your pay)
Stricter than federal. A creditor can take the lesser of 25% of your weekly disposable earnings or the amount above 40 times the federal or Virginia minimum hourly wage, whichever is higher.
Law: Va. Code § 34-29(A)
- Bank levy (freezing and taking money in your bank account)
The creditor serves a garnishment summons (or a notice of lien) on your bank. Since 2026, the bank must automatically keep a minimum protected balance of up to $1,000 available to you, and must automatically protect certain federal and state benefit deposits, such as Social Security. A householder can also claim up to $5,000 of property, including money ($10,000 if 65 or older), plus $500 per dependent.
Law: Va. Code § 34-4.3; notice in Va. Code § 8.01-512.4
- How to claim an exemption
The garnishment summons must come with a Notice to Judgment Debtor and a Request for Hearing - Garnishment/Lien Exemption Claim (form DC-454). Check the exemptions that apply, and deliver or mail the form to the clerk's office of the court that issued the garnishment. You have a right to a hearing within 7 business days after you file. Bring proof (for example, bank statements showing benefit deposits) to the hearing.
- Exemption form
- https://www.vacourts.gov/forms/district/dc454.pdf
Law: Va. Code §§ 8.01-512.4, 34-4.3
These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: Virginia
Count your deadline to claim an exemption
Free help in Virginia
- VirginiaLawHelp.org (Virginia Poverty Law Center, LawHelp network)
- Virginia Court Self-Help: Find a lawyer
- Find free legal help at LawHelp.org
Court self-help
Free letters and forms
Ask the plaintiff's lawyer for the debt documents
The contract, the chain of ownership and an itemization of what they claim.
Exemption claim cover letter
A letter to the court clerk to file with your exemption claim form.
Good to know in Virginia
- In General District Court there's no written answer to file: to dispute the debt, you must show up on the return date on the warrant in debt (Rule 7B:3(d); form DC-412).
- Since 2026, banks must automatically protect up to $1,000 in your accounts from garnishment (Va. Code § 34-4.3).
- A motion for a new trial after a General District Court judgment must be filed within 30 days (Va. Code § 16.1-97.1).
Changes in 2024–2026
2025: the General District Court's shared civil limit is $50,000; the Medical Debt Protection Act (2025 c. 692) caps interest and late fees on medical debt at 3% a year and limits collection actions. 2026: a new automatic $1,000 minimum protected bank balance in garnishments; General District Court judgments entered on or after July 1, 2026 can be enforced for 10 years only, with no extension by docketing in Circuit Court; from January 1, 2027, lawyers suing on consumer debts must give direct contact details on every filing. A new version of the wage garnishment law takes effect July 1, 2027.
Law: Va. Code § 16.1-77, last amended 2025 c. 338; Va. Code § 59.1-612; Va. Code § 34-4.3, 2026 cc. 637, 638; Va. Code §§ 16.1-94.1, 8.01-251(F), 2026 c. 848; Va. Code § 8.01-271.2, 2026 c. 489; § 34-29
Federal rules in every state
- Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
- Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
- Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
- Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
- Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6
Questions about debt lawsuits in Virginia
How long do I have to answer a debt lawsuit in Virginia?
General District Court: you don't have to file a written answer, but to dispute the claim you must appear in court on the return date and time shown on the warrant in debt. The judge may then order you to file written grounds of defense by a set date. Circuit Court: file your responsive pleading (answer) within 21 days after you are served with the summons and complaint.
How do I answer a debt lawsuit in Virginia?
General District Court: go to court on the return date and tell the judge you dispute the claim; the court sets a trial date. If ordered, file and serve written Grounds of Defense by the deadline, or the plaintiff may get summary judgment. Circuit Court: file a written answer (or other responsive pleading) with the clerk and serve a copy on the plaintiff's lawyer.
What if I can't afford the court fees in Virginia?
Petition for Proceeding in Civil Case Without Payment of Fees or Costs (form CC-1414): https://www.vacourts.gov/forms/circuit/cc1414.pdf
What happens if I don't answer in Virginia?
If you don't appear on the return date (General District Court) or don't respond within 21 days (Circuit Court), the court may enter a default judgment for the plaintiff. That can lead to wage garnishment and a lien on your bank account.
Can I cancel a default judgment in Virginia?
General District Court: file a motion for a new trial within 30 days after the judgment (not counting the day it was entered); the court must rule within 45 days after the judgment. Any court: you can ask to set aside a default judgment that is void (for example, you were not properly served), on proof of an accord and satisfaction, or because you were a servicemember; a motion for fraud on the court must be made within 2 years.
How much interest does a judgment add in Virginia?
6% a year. But a judgment on a contract carries the contract's lawful interest rate if that is higher than 6%. The rate in effect when the judgment is entered stays fixed.
How long does a judgment last in Virginia?
General District Court judgments: enforceable for 10 years. For judgments entered before July 1, 2026, the creditor could keep them alive longer by docketing them in Circuit Court before the 10 years ran out; for judgments entered on or after July 1, 2026, that option is gone and the 10-year limit applies. Circuit Court judgments dated on or after July 1, 2021: 10 years, which the creditor can extend by recording a certificate before it expires (10 more years), and once more after that. Older Circuit Court judgments: 20 years.
Can my wages be garnished in Virginia?
Stricter than federal. A creditor can take the lesser of 25% of your weekly disposable earnings or the amount above 40 times the federal or Virginia minimum hourly wage, whichever is higher.
Can a creditor take money from my bank account in Virginia?
The creditor serves a garnishment summons (or a notice of lien) on your bank. Since 2026, the bank must automatically keep a minimum protected balance of up to $1,000 available to you, and must automatically protect certain federal and state benefit deposits, such as Social Security. A householder can also claim up to $5,000 of property, including money ($10,000 if 65 or older), plus $500 per dependent.
How do I claim an exemption in Virginia?
The garnishment summons must come with a Notice to Judgment Debtor and a Request for Hearing - Garnishment/Lien Exemption Claim (form DC-454). Check the exemptions that apply, and deliver or mail the form to the clerk's office of the court that issued the garnishment. You have a right to a hearing within 7 business days after you file. Bring proof (for example, bank statements showing benefit deposits) to the hearing.
More help on our sister sites
Sources
- Va. Code § 16.1-77 (General District Court jurisdiction)
- Va. Code § 16.1-122.2 (small claims)
- Va. Code § 16.1-97.1 (new trial in district court)
- Va. Code § 16.1-94.1 (enforcement of district court judgments)
- Va. Code § 8.01-251 (limitations on enforcement of judgments)
- Va. Code § 8.01-271.2 (consumer debt pleadings, eff. Jan. 1, 2027)
- Va. Code § 8.01-296 (service on natural persons)
- Va. Code § 8.01-428 (setting aside default judgments)
- Va. Code § 8.01-512.4 (notice of exemptions)
- Va. Code § 34-4.3 (minimum protected account balance)
- Va. Code § 6.2-302 (judgment interest)
- Rules of the Supreme Court of Virginia (Rules 3:8, 7B:2, 7B:3)
- Form DC-412, Warrant in Debt
- Form DC-454, Request for Hearing - Garnishment/Lien Exemption Claim (rev. 07/26)
- Va. Code § 59.1-612 (Medical Debt Protection Act: billing and collection rules)
Last checked: Oct 24, 2026.
- Venue for debt collection suits, 15 U.S.C. 1692i
- Time-barred debts, 12 CFR 1006.26 (Regulation F)
- Default judgments and servicemembers, 50 U.S.C. 3931
- Restrictions on garnishment, 15 U.S.C. 1673
- Federal benefit payments in bank accounts, 31 CFR part 212
- CFPB: What should I do if I'm sued by a debt collector or creditor?