How long you have in Virginia
Every kind of claim has its own window, counted from the day the clock started. Miss it and the court usually cannot hear the claim.
| Kind of claim | Agreement | Window | Counted from | Rule |
|---|---|---|---|---|
| Security Deposit | In writing | 5 years | the day the payment was missed or the agreement was broken | Va. Code §8.01-246(2), (4) |
| Unpaid Invoice | In writing | 5 years | the day the payment was missed or the agreement was broken | Va. Code §8.01-246(2), (4) |
| Unpaid Loan | In writing | 5 years | the day the payment was missed or the agreement was broken | Va. Code §8.01-246(2), (4) |
| Contractor Dispute | In writing | 5 years | the day the payment was missed or the agreement was broken | Va. Code §8.01-246(2), (4) |
| Auto Repair | In writing | 5 years | the day the payment was missed or the agreement was broken | Va. Code §8.01-246(2), (4) |
| Other | In writing | 5 years | the day the payment was missed or the agreement was broken | Va. Code §8.01-246(2), (4) |
| Security Deposit | Spoken or by conduct | 3 years | the day the payment was missed or the agreement was broken | Va. Code §8.01-246(2), (4) |
| Unpaid Invoice | Spoken or by conduct | 3 years | the day the payment was missed or the agreement was broken | Va. Code §8.01-246(2), (4) |
| Unpaid Loan | Spoken or by conduct | 3 years | the day the payment was missed or the agreement was broken | Va. Code §8.01-246(2), (4) |
| Contractor Dispute | Spoken or by conduct | 3 years | the day the payment was missed or the agreement was broken | Va. Code §8.01-246(2), (4) |
| Auto Repair | Spoken or by conduct | 3 years | the day the payment was missed or the agreement was broken | Va. Code §8.01-246(2), (4) |
| Other | Spoken or by conduct | 3 years | the day the payment was missed or the agreement was broken | Va. Code §8.01-246(2), (4) |
| Property Damage | Either | 5 years | the day the damage happened | Va. Code §8.01-243(B) |
| Sale of Goods | Either | 4 years | the day the payment was missed or the agreement was broken | Va. Code §8.2-725 |
Worked example
If the day the payment was missed or the agreement was broken was 2026-03-15, a window of 5 years runs out on 2031-03-15. That is the same arithmetic the check uses: calendar months, clamped to the end of the month, and no roll forward to the next court day.
More about Virginia
Common questions
- How long do you have to bring a small claims claim in Virginia?
- The shortest window is 3 years, counted from the day the payment was missed or the agreement was broken, under Va. Code §8.01-246(2), (4). Other kinds of claim run longer; the time-limit page lists each one.
- How long do you have on a property damage claim in Virginia?
- 5 years, counted from the day the damage happened, under Va. Code §8.01-243(B).
- How long do you have on a sale of goods claim in Virginia?
- 4 years, counted from the day the payment was missed or the agreement was broken, under Va. Code §8.2-725.
- How much can you claim in small claims court in Virginia?
- An individual can claim up to $5,000. A business can claim up to $5,000. A public agency can claim up to $5,000. That comes from Va. Code §16.1-122.2.
Verify with your court
Numbers change, and a court can post its own variation. Open Virginia's small claims page and confirm anything you are about to rely on.
Open the court's small claims pageVerified on 2026-09-05, sources:
Verified on 2026-09-05, sources: Rules effective from 2024-07-01.
- Va. Code §8.01-246(2), (4) · effective 2024-07-01 · A claim based on a signed written agreement must be filed within five years; a claim based on a spoken or unwritten agreement must be filed within three years.
- Va. Code §8.01-243(B) · effective 2023-07-01 · A claim for damage to your property must be filed within five years.
- Va. Code §8.2-725 · effective 1964-07-01 · A claim about a sale of goods must be filed within four years of the breach; Virginia adopted this rule in 1964 and it has not changed since.
FairSquare assembles documents and explains your court's rules. It is not a substitute for advice about your situation.