Sued by a debt buyer in Virginia

The extra rules for debt buyer suits, and how to use them in your answer.

Checked against official sources: Oct 24, 2026.

Short answer

A debt buyer is a company that bought an old debt and now sues to collect it. 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.

Time limit to sue (written contract)
5 years
Time to answer
21 days

What a debt buyer must show in Virginia

  • 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.
  • A filing that doesn't comply is defective and must be fixed within 21 days after it is pointed out, or it is struck.
  • A General District Court judgment entered on or after July 1, 2026 can't be extended past 10 years, including when a debt buyer bought it.
  • Medical debt: a large health care facility or medical debt buyer can't charge more than 3% a year in interest or late fees, and medical creditors and collectors can't use arrest, body attachment, foreclosure, liens on personal property, or wage garnishment of people who qualify for financial assistance; they must wait 120 days after the final bill and give 30 days' notice first.

Law: Va. Code § 8.01-271.2; Va. Code §§ 16.1-94.1, 8.01-251(F); Va. Code § 59.1-612, Medical Debt Protection Act

Defenses you can raise in Virginia

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)

Old debts in Virginia

A written-contract debt in Virginia must be sued on within 5 years. Raise an older debt as a defense in your answer.

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)

More on old debts at Debt Collector Map

In nearby states

What to do in Virginia

  1. Find the plaintiff

    Debt buyers sue under their own name, not the original creditor's.

  2. Request the documents

    Use a documents request letter to see what they can prove.

  3. Answer on time

    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.

  4. Raise every defense

    Say if the plaintiff hasn't shown it owns the debt, or if the debt is too old.

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)
  • If the collector broke the law. You can sue a debt collector that broke the federal debt collection law within 1 year, for your losses, up to $1,000 more and your lawyer's fees. Law: 15 U.S.C. 1692k

Where to get free help in Virginia

Questions about debt buyer suits in Virginia

What must a debt buyer prove in Virginia?

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. A filing that doesn't comply is defective and must be fixed within 21 days after it is pointed out, or it is struck. A General District Court judgment entered on or after July 1, 2026 can't be extended past 10 years, including when a debt buyer bought it. Medical debt: a large health care facility or medical debt buyer can't charge more than 3% a year in interest or late fees, and medical creditors and collectors can't use arrest, body attachment, foreclosure, liens on personal property, or wage garnishment of people who qualify for financial assistance; they must wait 120 days after the final bill and give 30 days' notice first.

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.

What is the time limit to sue in Virginia?

A written-contract debt in Virginia must be sued on within 5 years. Raise an older debt as a defense in your answer.

Keep reading about Virginia

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources