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Virginia Statutes of Limitations

Dominion General Counsel has assembled a sample of Virginia business oriented statutes of limitations for general reference purposes:

Action Type Years Trigger Reference
Contracts (written) 5 Date of breach Va Code § 8.01-246(2)
Contracts (unwritten / oral) 3 Date of breach Va Code § 8.01-246(4)
Contracts (UCC sales) 4 Date of breach (however, period my be reduced by agreement between parties) Va Code § 8.2-725(1); § 8.01-246
Damage from unauthorized use of computer or computer network, and other computer crimes 5 or 2 5 years after the last act in the course of conduct constituting a violation of the Computer Crimes Act or (ii) 2 years after the plaintiff discovers or reasonably should have discovered the last act in the course of conduct constituting a violation Va Code § 8.01-40.1; Va Computer Crimes Act, Va Code § 18.2-152.1
Damage from computer invasion of privacy (intentionally examines without authority any employment, salary, credit or any other financial or identifying information) 5 or 2 5 years after the last act in the course of conduct constituting a violation of the Computer Crimes Act or (ii) 2 years after the plaintiff discovers or reasonably should have discovered the last act in the course of conduct constituting a violation Va Code § 8.01-40.1; Va Computer Crimes Act, Va Code § 18.2-152.1
Promissory note 6 Date of breach Va Code § 8.3A-118
Fraud 2 Date when the fraud, mistake, misrepresentation, deception, or undue influence is discovered or by the exercise of due diligence reasonably should have been discovered Va Code § 8.01-243(A); § 8.01-249
Debt collection of open account 3 Date of breach Va Code § 8.01-246(4)
Product liability 2 Date of injury Va Code § 8.01-243(A)
Personal injury (general) 2 Date of injury Va Code § 8.01-243(A); § 8.01-249
Libel / slander 1 Date of event Va Code § 8.01-247.1
Damage to persoanl property 5 Date of damage Va Code Va Code § 8.01-243(B); § 8.01-249
Damage to property and persons caused by defective or unsafe condition of improvements to real property 5 Date of performance or furnishing of design, planning, surveying, supervision of construction, or construction services and construction Va Code § 8.01-250
Enforcement of judgment 20 Date of judgment or judgment domestication (unless otherwise extended) Va Code § 8.01-251
Settlement of the partnership account or in actions upon accounts concerning the trade of merchandise between merchant and merchant, their factors, or servants 5 The cessation of the dealings Va Code § 8.01-246(3)
Damage from unlawful entry or detainer 15 or 3 Fifteen years next after the time at which the right to make such entry or bring such action shall have first accrued to such person or to some other person through whom he claims; provided that an action for unlawful entry or detainer under § 8.01-124 shall be brought within three years after such entry or detainer Va Code § 8.01-236
Enforcement of deeds of trust, mortgages and liens for unpaid purchase money 10 Date obligation matured (but one year from the death of any party in interest shall be excluded from the computation of time) Va Code§ 8.01-241; § 8.01-242
Damages caused by misrepresenting consumer goods or services (Va Consumer Protection Action Va Code § 59.1-196 et seq) Date when the fraud, mistake, misrepresentation, deception, or undue influence is discovered or by the exercise of due diligence reasonably should have been discovered Va Code § 59.1-204.1; 8.01-230; § 8.01-249
Unsolicited transmission of advertising materials by facsimile machine 2 Date of transmition Va Code § 8.01-40.2

 

 NOTE: This list is intended as a partial list and is provided for general informational purposes only. The facts of each case and the language of the applicable statute will govern how a statute of limitation might apply.Please seek advice from your own legal counsel to determine how the law might apply to your facts.  Additional code sections might apply. 

Footnote 1: A statute of limitation is a law prescribing the period of time in which a party may file a claim to recover under a specific cause of action, such as to recover damages or to enforce a right.   Each applicable statute prohibits the filing of a lawsuit or claim after the expiration of the provided limitation period.  Therefore, a party seeking to enforce a cause of action must proceed with their action prior to the expiration of the limitation period. See Blacks Law Dictionary.

 

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