{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-229.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-229.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-229.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-229.html"}],"law_id":64704,"edition_id":1,"section_id":64704,"structure_id":15400,"section_number":"8.01-229","catch_line":"Suspension or tolling of statute of limitations; effect of disabilities; effect of death; injunction; prevention of service by defendant; dismissal, nonsuit or abatement; devise for payment of debts; new promises; debts proved in creditors’ suits","history":"Code 1950, \u00a7\u00a7 8-8, 8-13, 8-15, 8-20, 8-21, 8-25, 8-26, 8-29 through 8-34; 1964, c. 219; 1966, c. 118; 1972, c. 825; 1977, c. 617; 1978, cc. 65, 767; 1983, cc. 404, 437; 1986, c. 506; 1987, cc. 294, 645; 1988, c. 711; 1989, c. 588; 1990, c. 280; 1991, cc. 693, 722; 1993, c. 844; 1997, c. 801; 2000, c. 531; 2001, cc. 773, 781; 2016, cc. 189, 268; 2025, c. 37.","full_text":"A\n\nDisabilities which toll the statute of limitations. \u2014 Except as otherwise specifically provided in \u00a7\u00a7 8.01-237, 8.01-241, 8.01-242, 8.01-243, 8.01-243.1 and other provisions of this Code,1\n\nIf a person entitled to bring any action is at the time the cause of action accrues an infant, except if such infant has been emancipated pursuant to Article 15 (§ 16.1-331 et seq.) of Chapter 11 of Title 16.1, or incapacitated, such person may bring it within the prescribed limitation period after such disability is removed; or2\n\nAfter a cause of action accrues,\n\t\t\t\ta. If an infant becomes entitled to bring such action, the time during which he is within the age of minority shall not be counted as any part of the period within which the action must be brought except as to any such period during which the infant has been judicially declared emancipated; or\n\t\t\t\tb. If a person entitled to bring such action becomes incapacitated, the time during which he is incapacitated shall not be computed as any part of the period within which the action must be brought, except where a conservator, guardian or committee is appointed for such person in which case an action may be commenced by such conservator, committee or guardian before the expiration of the applicable period of limitation or within one year after his qualification as such, whichever occurs later.\n\t\t\t\tFor the purposes of subdivisions 1 and 2, a person shall be deemed incapacitated if he is so adjudged by a court of competent jurisdiction, or if it shall otherwise appear to the court or jury determining the issue that such person is or was incapacitated within the prescribed limitation period.3\n\nIf a convict is or becomes entitled to bring an action against his committee, the time during which he is incarcerated shall not be counted as any part of the period within which the action must be brought.B\n\nEffect of death of a party. \u2014 The death of a person entitled to bring an action or of a person against whom an action may be brought shall toll the statute of limitations as follows:1\n\nDeath of person entitled to bring a personal action. — If a person entitled to bring a personal action dies with no such action pending before the expiration of the limitation period for commencement thereof, then an action may be commenced by the decedent’s personal representative before the expiration of the limitation period including the limitation period as provided by subdivision E 3 or within one year after his qualification as personal representative, whichever occurs later.2\n\nDeath of person against whom personal action may be brought.\n\t\t\t\ta. If a person against whom a personal action may be brought dies before the commencement of such action and before the expiration of the limitation period for commencement thereof then a claim may be filed against the decedent’s estate or an action may be commenced against the decedent’s personal representative before the expiration of the applicable limitation period or within one year after the qualification of such personal representative, whichever occurs later.\n\t\t\t\tb. If a person against whom a personal action may be brought dies before suit papers naming such person as defendant have been filed with the court, then such suit papers may be amended to substitute the decedent’s personal representative as party defendant before the expiration of the applicable limitation period or within two years after the date such suit papers were filed with the court, whichever occurs later, and such suit papers shall be taken as properly filed.3\n\nEffect of death on actions for recovery of realty, or a proceeding for enforcement of certain liens relating to realty. — Upon the death of any person in whose favor or against whom an action for recovery of realty, or a proceeding for enforcement of certain liens relating to realty, may be brought, such right of action shall accrue to or against his successors in interest as provided in Article 2 (§ 8.01-236 et seq.).4\n\nAccrual of a personal cause of action against the estate of any person subsequent to such person’s death. — If a personal cause of action against a decedent accrues subsequent to his death, an action may be brought against the decedent’s personal representative or a claim thereon may be filed against the estate of such decedent before the expiration of the applicable limitation period or within two years after the qualification of the decedent’s personal representative, whichever occurs later.5\n\nAccrual of a personal cause of action in favor of decedent. — If a person dies before a personal cause of action which survives would have accrued to him, if he had continued to live, then an action may be commenced by such decedent’s personal representative before the expiration of the applicable limitation period or within one year after the qualification of such personal representative, whichever occurs later.6\n\nDelayed qualification of personal representative. — If there is an interval of more than two years between the death of any person in whose favor or against whom a cause of action has accrued or shall subsequently accrue and the qualification of such person’s personal representative, such personal representative shall, for the purposes of this chapter, be deemed to have qualified on the last day of such two-year period.C\n\nSuspension during injunctions. — When the commencement of any action is stayed by injunction, the time of the continuance of the injunction shall not be computed as any part of the period within which the action must be brought.D\n\nObstruction of filing by defendant. — When the filing of an action is obstructed by a defendant’s (i) filing a petition in bankruptcy or filing a petition for an extension or arrangement under the United States Bankruptcy Act or (ii) using any other direct or indirect means to obstruct the filing of an action, then the time that such obstruction has continued shall not be counted as any part of the period within which the action must be brought.E\n\nDismissal, abatement, or nonsuit.1\n\nExcept as provided in subdivision 3, if any action is commenced within the prescribed limitation period and for any cause abates or is dismissed without determining the merits, the time such action is pending shall not be computed as part of the period within which such action may be brought, and another action may be brought within the remaining period.2\n\nIf a judgment or decree is rendered for the plaintiff in any action commenced within the prescribed limitation period and such judgment or decree is arrested or reversed upon a ground which does not preclude a new action for the same cause, or if there is occasion to bring a new action by reason of the loss or destruction of any of the papers or records in a former action which was commenced within the prescribed limitation period, then a new action may be brought within one year after such arrest or reversal or such loss or destruction, but not after.3\n\nIf a plaintiff suffers a voluntary nonsuit as prescribed in § 8.01-380, the statute of limitations with respect to such action shall be tolled by the commencement of the nonsuited action, regardless of whether the statute of limitations is statutory or contractual, and the plaintiff may recommence his action within six months from the date of the order entered by the court, or within the original period of limitation, or within the limitation period as provided by subdivision B 1, whichever period is longer. This tolling provision shall apply irrespective of whether the action is originally filed in a federal or a state court and recommenced in any other court, and shall apply to all actions irrespective of whether they arise under common law or statute.F\n\nEffect of devise for payment of debts. — No provision in the will of any testator devising his real estate, or any part thereof, subject to the payment of his debts or charging the same therewith, or containing any other provision for the payment of debts, shall prevent this chapter from operating against such debts, unless it plainly appears to be the testator’s intent that it shall not so operate.G\n\nEffect of new promise in writing.1\n\nIf any person against whom a right of action has accrued on any contract, other than a judgment or recognizance, promises, by writing signed by him or his agent, payment of money on such contract, the person to whom the right has accrued may maintain an action for the money so promised, within such number of years after such promise as it might be maintained if such promise were the original cause of action. An acknowledgment in writing, from which a promise of payment may be implied, shall be deemed to be such promise within the meaning of this subsection.2\n\nThe plaintiff may sue on the new promise described in subdivision 1 or on the original cause of action, except that when the new promise is of such a nature as to merge the original cause of action then the action shall be only on the new promise.H\n\nSuspension of limitations in creditors’ suits. — When an action is commenced as a general creditors’ action, or as a general lien creditors’ action, or as an action to enforce a mechanics’ lien, the running of the statute of limitations shall be suspended as to debts provable in such action from the commencement of the action, provided they are brought in before the commissioner in chancery under the first reference for an account of debts; but as to claims not so brought in the statute shall continue to run, without interruption by reason either of the commencement of the action or of the order for an account, until a later order for an account, under which they do come in, or they are asserted by petition or independent action.\n\t\t\tIn actions not instituted originally either as general creditors’ actions, or as general lien creditors’ actions, but which become such by subsequent proceedings, the statute of limitations shall be suspended by an order of reference for an account of debts or of liens only as to those creditors who come in and prove their claims under the order. As to creditors who come in afterwards by petition or under an order of recommittal, or a later order of reference for an account, the statute shall continue to run without interruption by reason of previous orders until filing of the petition, or until the date of the reference under which they prove their claims, as the case may be.I\n\nWhen an action is commenced within a period of 30 days prior to the expiration of the limitation period for commencement thereof and the defending party or parties desire to institute an action as third-party plaintiff against one or more persons not party to the original action, the running of the period of limitation against such action shall be suspended as to such new party for a period of 60 days from the expiration of the applicable limitation period.J\n\nIf any award of compensation by the Workers’ Compensation Commission pursuant to Chapter 5 (§ 65.2-500 et seq.) of Title 65.2 is subsequently found void ab initio, other than an award voided for fraudulent procurement of the award by the claimant, the statute of limitations applicable to any civil action upon the same claim or cause of action in a court of this Commonwealth shall be tolled for that period of time during which compensation payments were made.K\n\nSuspension of limitations during criminal proceedings. — In any personal action for damages or action for death by wrongful act pursuant to § 8.01-50, if a criminal prosecution arising out of the same facts is commenced, the time such prosecution is pending shall not be computed as part of the period within which such a civil action may be brought. For purposes of this subsection, the time during which a prosecution is pending shall be calculated from the date of the issuance of a warrant, summons, or capias, the return or filing of an indictment or information, or the defendant’s first appearance in any court as an accused in such a prosecution, whichever date occurs first, until the date of the final judgment or order in the trial court, the date of the final disposition of any direct appeal, or the date on which the time for noting an appeal has expired, whichever date occurs last. Thereafter, the civil action may be brought within the remaining period of the statute or within one year, whichever is longer.\n\t\t\tIf a criminal prosecution is commenced and a grand jury indictment is returned or a grand jury indictment is waived after the period within which a civil action arising out of the same set of facts may be brought, a civil action may be brought within one year of the date of the final judgment or order in the trial court, the date of the final disposition of any direct appeal, or the date on which the time for noting an appeal has expired, whichever date occurs last, but no more than 10 years after the date of the crime or two years after the cause of action shall have accrued, whichever date occurs last.","order_by":null,"text":{"0":{"id":235475,"text":"Disabilities which toll the statute of limitations. \u2014 Except as otherwise specifically provided in \u00a7\u00a7 8.01-237, 8.01-241, 8.01-242, 8.01-243, 8.01-243.1 and other provisions of this Code,","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":235476,"text":"If a person entitled to bring any action is at the time the cause of action accrues an infant, except if such infant has been emancipated pursuant to Article 15 (§ 16.1-331 et seq.) of Chapter 11 of Title 16.1, or incapacitated, such person may bring it within the prescribed limitation period after such disability is removed; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":235477,"text":"After a cause of action accrues,\n\t\t\t\ta. If an infant becomes entitled to bring such action, the time during which he is within the age of minority shall not be counted as any part of the period within which the action must be brought except as to any such period during which the infant has been judicially declared emancipated; or\n\t\t\t\tb. If a person entitled to bring such action becomes incapacitated, the time during which he is incapacitated shall not be computed as any part of the period within which the action must be brought, except where a conservator, guardian or committee is appointed for such person in which case an action may be commenced by such conservator, committee or guardian before the expiration of the applicable period of limitation or within one year after his qualification as such, whichever occurs later.\n\t\t\t\tFor the purposes of subdivisions 1 and 2, a person shall be deemed incapacitated if he is so adjudged by a court of competent jurisdiction, or if it shall otherwise appear to the court or jury determining the issue that such person is or was incapacitated within the prescribed limitation period.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":235478,"text":"If a convict is or becomes entitled to bring an action against his committee, the time during which he is incarcerated shall not be counted as any part of the period within which the action must be brought.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":235479,"text":"Effect of death of a party. \u2014 The death of a person entitled to bring an action or of a person against whom an action may be brought shall toll the statute of limitations as follows:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"B1"},"5":{"id":235480,"text":"Death of person entitled to bring a personal action. — If a person entitled to bring a personal action dies with no such action pending before the expiration of the limitation period for commencement thereof, then an action may be commenced by the decedent’s personal representative before the expiration of the limitation period including the limitation period as provided by subdivision E 3 or within one year after his qualification as personal representative, whichever occurs later.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"6":{"id":235481,"text":"Death of person against whom personal action may be brought.\n\t\t\t\ta. If a person against whom a personal action may be brought dies before the commencement of such action and before the expiration of the limitation period for commencement thereof then a claim may be filed against the decedent’s estate or an action may be commenced against the decedent’s personal representative before the expiration of the applicable limitation period or within one year after the qualification of such personal representative, whichever occurs later.\n\t\t\t\tb. If a person against whom a personal action may be brought dies before suit papers naming such person as defendant have been filed with the court, then such suit papers may be amended to substitute the decedent’s personal representative as party defendant before the expiration of the applicable limitation period or within two years after the date such suit papers were filed with the court, whichever occurs later, and such suit papers shall be taken as properly filed.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"7":{"id":235482,"text":"Effect of death on actions for recovery of realty, or a proceeding for enforcement of certain liens relating to realty. — Upon the death of any person in whose favor or against whom an action for recovery of realty, or a proceeding for enforcement of certain liens relating to realty, may be brought, such right of action shall accrue to or against his successors in interest as provided in Article 2 (§ 8.01-236 et seq.).","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"8":{"id":235483,"text":"Accrual of a personal cause of action against the estate of any person subsequent to such person’s death. — If a personal cause of action against a decedent accrues subsequent to his death, an action may be brought against the decedent’s personal representative or a claim thereon may be filed against the estate of such decedent before the expiration of the applicable limitation period or within two years after the qualification of the decedent’s personal representative, whichever occurs later.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"9":{"id":235484,"text":"Accrual of a personal cause of action in favor of decedent. — If a person dies before a personal cause of action which survives would have accrued to him, if he had continued to live, then an action may be commenced by such decedent’s personal representative before the expiration of the applicable limitation period or within one year after the qualification of such personal representative, whichever occurs later.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"10":{"id":235485,"text":"Delayed qualification of personal representative. — If there is an interval of more than two years between the death of any person in whose favor or against whom a cause of action has accrued or shall subsequently accrue and the qualification of such person’s personal representative, such personal representative shall, for the purposes of this chapter, be deemed to have qualified on the last day of such two-year period.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"C"},"11":{"id":235486,"text":"Suspension during injunctions. — When the commencement of any action is stayed by injunction, the time of the continuance of the injunction shall not be computed as any part of the period within which the action must be brought.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B6","next_prefix":"D"},"12":{"id":235487,"text":"Obstruction of filing by defendant. — When the filing of an action is obstructed by a defendant’s (i) filing a petition in bankruptcy or filing a petition for an extension or arrangement under the United States Bankruptcy Act or (ii) using any other direct or indirect means to obstruct the filing of an action, then the time that such obstruction has continued shall not be counted as any part of the period within which the action must be brought.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"13":{"id":235488,"text":"Dismissal, abatement, or nonsuit.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"14":{"id":235489,"text":"Except as provided in subdivision 3, if any action is commenced within the prescribed limitation period and for any cause abates or is dismissed without determining the merits, the time such action is pending shall not be computed as part of the period within which such action may be brought, and another action may be brought within the remaining period.","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"15":{"id":235490,"text":"If a judgment or decree is rendered for the plaintiff in any action commenced within the prescribed limitation period and such judgment or decree is arrested or reversed upon a ground which does not preclude a new action for the same cause, or if there is occasion to bring a new action by reason of the loss or destruction of any of the papers or records in a former action which was commenced within the prescribed limitation period, then a new action may be brought within one year after such arrest or reversal or such loss or destruction, but not after.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"16":{"id":235491,"text":"If a plaintiff suffers a voluntary nonsuit as prescribed in § 8.01-380, the statute of limitations with respect to such action shall be tolled by the commencement of the nonsuited action, regardless of whether the statute of limitations is statutory or contractual, and the plaintiff may recommence his action within six months from the date of the order entered by the court, or within the original period of limitation, or within the limitation period as provided by subdivision B 1, whichever period is longer. This tolling provision shall apply irrespective of whether the action is originally filed in a federal or a state court and recommenced in any other court, and shall apply to all actions irrespective of whether they arise under common law or statute.","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"F"},"17":{"id":235492,"text":"Effect of devise for payment of debts. — No provision in the will of any testator devising his real estate, or any part thereof, subject to the payment of his debts or charging the same therewith, or containing any other provision for the payment of debts, shall prevent this chapter from operating against such debts, unless it plainly appears to be the testator’s intent that it shall not so operate.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E3","next_prefix":"G"},"18":{"id":235493,"text":"Effect of new promise in writing.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"19":{"id":235494,"text":"If any person against whom a right of action has accrued on any contract, other than a judgment or recognizance, promises, by writing signed by him or his agent, payment of money on such contract, the person to whom the right has accrued may maintain an action for the money so promised, within such number of years after such promise as it might be maintained if such promise were the original cause of action. An acknowledgment in writing, from which a promise of payment may be implied, shall be deemed to be such promise within the meaning of this subsection.","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G2"},"20":{"id":235495,"text":"The plaintiff may sue on the new promise described in subdivision 1 or on the original cause of action, except that when the new promise is of such a nature as to merge the original cause of action then the action shall be only on the new promise.","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G1","next_prefix":"H"},"21":{"id":235496,"text":"Suspension of limitations in creditors’ suits. — When an action is commenced as a general creditors’ action, or as a general lien creditors’ action, or as an action to enforce a mechanics’ lien, the running of the statute of limitations shall be suspended as to debts provable in such action from the commencement of the action, provided they are brought in before the commissioner in chancery under the first reference for an account of debts; but as to claims not so brought in the statute shall continue to run, without interruption by reason either of the commencement of the action or of the order for an account, until a later order for an account, under which they do come in, or they are asserted by petition or independent action.\n\t\t\tIn actions not instituted originally either as general creditors’ actions, or as general lien creditors’ actions, but which become such by subsequent proceedings, the statute of limitations shall be suspended by an order of reference for an account of debts or of liens only as to those creditors who come in and prove their claims under the order. As to creditors who come in afterwards by petition or under an order of recommittal, or a later order of reference for an account, the statute shall continue to run without interruption by reason of previous orders until filing of the petition, or until the date of the reference under which they prove their claims, as the case may be.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G2","next_prefix":"I"},"22":{"id":235497,"text":"When an action is commenced within a period of 30 days prior to the expiration of the limitation period for commencement thereof and the defending party or parties desire to institute an action as third-party plaintiff against one or more persons not party to the original action, the running of the period of limitation against such action shall be suspended as to such new party for a period of 60 days from the expiration of the applicable limitation period.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"23":{"id":235498,"text":"If any award of compensation by the Workers’ Compensation Commission pursuant to Chapter 5 (§ 65.2-500 et seq.) of Title 65.2 is subsequently found void ab initio, other than an award voided for fraudulent procurement of the award by the claimant, the statute of limitations applicable to any civil action upon the same claim or cause of action in a court of this Commonwealth shall be tolled for that period of time during which compensation payments were made.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"24":{"id":235499,"text":"Suspension of limitations during criminal proceedings. — In any personal action for damages or action for death by wrongful act pursuant to § 8.01-50, if a criminal prosecution arising out of the same facts is commenced, the time such prosecution is pending shall not be computed as part of the period within which such a civil action may be brought. For purposes of this subsection, the time during which a prosecution is pending shall be calculated from the date of the issuance of a warrant, summons, or capias, the return or filing of an indictment or information, or the defendant’s first appearance in any court as an accused in such a prosecution, whichever date occurs first, until the date of the final judgment or order in the trial court, the date of the final disposition of any direct appeal, or the date on which the time for noting an appeal has expired, whichever date occurs last. Thereafter, the civil action may be brought within the remaining period of the statute or within one year, whichever is longer.\n\t\t\tIf a criminal prosecution is commenced and a grand jury indictment is returned or a grand jury indictment is waived after the period within which a civil action arising out of the same set of facts may be brought, a civil action may be brought within one year of the date of the final judgment or order in the trial court, the date of the final disposition of any direct appeal, or the date on which the time for noting an appeal has expired, whichever date occurs last, but no more than 10 years after the date of the crime or two years after the cause of action shall have accrued, whichever date occurs last.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J"}},"ancestry":[{"id":15400,"edition_id":1,"name":"In General","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":14109,"metadata":{},"date_created":"2026-06-26 03:54:38","date_modified":"2026-06-26 03:54:38","permalink":{"id":281129,"object_type":"structure","relational_id":15400,"identifier":"1","token":"8.01\/4\/1","url":"\/8.01\/4\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14109,"edition_id":1,"name":"Limitations of Actions","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:46:54","date_modified":"2026-06-26 03:46:54","permalink":{"id":281127,"object_type":"structure","relational_id":14109,"identifier":"4","token":"8.01\/4","url":"\/8.01\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58648,"structure_id":15400,"section_number":"8.01-228","catch_line":"Scope of limitations; \"personal action\" defined","url":"\/8.01-228\/","token":"8.01\/4\/1\/8.01-228","metadata":false},{"id":64704,"structure_id":15400,"section_number":"8.01-229","catch_line":"Suspension or tolling of statute of limitations; effect of disabilities; effect of death; injunction; prevention of service by defendant; dismissal, nonsuit or abatement; devise for payment of debts; new promises; debts proved in creditors' suits","url":"\/8.01-229\/","token":"8.01\/4\/1\/8.01-229","metadata":false},{"id":74083,"structure_id":15400,"section_number":"8.01-230","catch_line":"Accrual of right of action","url":"\/8.01-230\/","token":"8.01\/4\/1\/8.01-230","metadata":false},{"id":77412,"structure_id":15400,"section_number":"8.01-231","catch_line":"Commonwealth not within statute of limitations","url":"\/8.01-231\/","token":"8.01\/4\/1\/8.01-231","metadata":false},{"id":85263,"structure_id":15400,"section_number":"8.01-232","catch_line":"Effect of promises not to plead statute of limitations","url":"\/8.01-232\/","token":"8.01\/4\/1\/8.01-232","metadata":false},{"id":70251,"structure_id":15400,"section_number":"8.01-233","catch_line":"When action deemed brought on counterclaim or cross-claim; when statute of limitations tolled; defendant's consent required for dismissal","url":"\/8.01-233\/","token":"8.01\/4\/1\/8.01-233","metadata":false},{"id":61345,"structure_id":15400,"section_number":"8.01-234","catch_line":"Repeal of limitation not to remove bar of statute","url":"\/8.01-234\/","token":"8.01\/4\/1\/8.01-234","metadata":false},{"id":74957,"structure_id":15400,"section_number":"8.01-235","catch_line":"Bar of expiration of limitation period raised only as affirmative defense in responsive pleading","url":"\/8.01-235\/","token":"8.01\/4\/1\/8.01-235","metadata":false}],"previous_section":{"id":58648,"structure_id":15400,"section_number":"8.01-228","catch_line":"Scope of limitations; \"personal action\" defined","url":"\/8.01-228\/","token":"8.01\/4\/1\/8.01-228","metadata":false},"next_section":{"id":74083,"structure_id":15400,"section_number":"8.01-230","catch_line":"Accrual of right of action","url":"\/8.01-230\/","token":"8.01\/4\/1\/8.01-230","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-229\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 18 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1964, chapter 219; in 1966, chapter 118; in 1972, chapter 825; in 1977, chapter 617; in 1978, chapters 65 and 767; in 1983, chapters 404 and 437; in 1986, chapter 506; in 1987, chapters 294 and 645; in 1988, chapter 711; in 1989, chapter 588; in 1990, chapter 280; in 1991, chapters 693 and 722; in 1993, chapter 844; in 1997, chapter 801<\/a>; in 2000, chapter 531<\/a>; in 2001, chapters 773<\/a> and 781<\/a>; in 2016, chapters 189<\/a> and 268<\/a>; in 2025, chapter 37<\/a>.<\/p>","references":[{"id":72488,"section_number":"15.2-209","catch_line":"Notice to be given to counties, cities, and towns of tort claims for damages","order_by":null,"url":"\/15.2-209\/"},{"id":78180,"section_number":"19.2-368.5","catch_line":"Filing of claims; deferral of proceedings; restitution","order_by":null,"url":"\/19.2-368.5\/"},{"id":81724,"section_number":"32.1-164.1:01","catch_line":"Onsite Sewage Indemnification Fund","order_by":null,"url":"\/32.1-164.1_01\/"},{"id":82086,"section_number":"55.1-306.1","catch_line":"Utility easements; expansion of broadband","order_by":null,"url":"\/55.1-306.1\/"},{"id":87294,"section_number":"8.01-195.6","catch_line":"Notice of claim","order_by":null,"url":"\/8.01-195.6\/"},{"id":69511,"section_number":"8.01-195.7","catch_line":"Statute of limitations","order_by":null,"url":"\/8.01-195.7\/"},{"id":70723,"section_number":"8.01-237","catch_line":"Effect of disabilities upon right of entry on, or action for, land","order_by":null,"url":"\/8.01-237\/"},{"id":61676,"section_number":"8.01-243","catch_line":"Personal action for injury to person or property generally; extension in actions for malpractice against health care provider","order_by":null,"url":"\/8.01-243\/"},{"id":77377,"section_number":"8.01-243.1","catch_line":"Actions for medical malpractice; minors","order_by":null,"url":"\/8.01-243.1\/"},{"id":55241,"section_number":"8.01-244","catch_line":"Actions for wrongful death; limitation","order_by":null,"url":"\/8.01-244\/"},{"id":87200,"section_number":"8.01-249","catch_line":"When cause of action shall be deemed to accrue in certain personal actions","order_by":null,"url":"\/8.01-249\/"}],"refers_to":[{"id":57297,"section_number":"16.1-331","catch_line":"Petition for emancipation","order_by":null,"url":"\/16.1-331\/"},{"id":63631,"section_number":"65.2-500","catch_line":"Compensation for total incapacity; computation of average wage; exclusion of AmeriCorps members, certain Food Stamp Employment and Training Program participants, and certain Temporary Assistance for Needy Families participants","order_by":null,"url":"\/65.2-500\/"},{"id":60444,"section_number":"8.01-236","catch_line":"Limitation of entry on or action for land","order_by":null,"url":"\/8.01-236\/"},{"id":70723,"section_number":"8.01-237","catch_line":"Effect of disabilities upon right of entry on, or action for, land","order_by":null,"url":"\/8.01-237\/"},{"id":57536,"section_number":"8.01-241","catch_line":"Limitation of enforcement of deeds of trust, mortgages and liens for unpaid purchase money","order_by":null,"url":"\/8.01-241\/"},{"id":87323,"section_number":"8.01-242","catch_line":"Same; when no maturity date is given; credit line deeds of trust","order_by":null,"url":"\/8.01-242\/"},{"id":61676,"section_number":"8.01-243","catch_line":"Personal action for injury to person or property generally; extension in actions for malpractice against health care provider","order_by":null,"url":"\/8.01-243\/"},{"id":77377,"section_number":"8.01-243.1","catch_line":"Actions for medical malpractice; minors","order_by":null,"url":"\/8.01-243.1\/"},{"id":55779,"section_number":"8.01-380","catch_line":"Dismissal of action by nonsuit; fees and costs","order_by":null,"url":"\/8.01-380\/"},{"id":78150,"section_number":"8.01-50","catch_line":"Action for death by wrongful act; how and when to be brought","order_by":null,"url":"\/8.01-50\/"}],"permalink":{"id":281135,"object_type":"law","relational_id":64704,"identifier":"8.01-229","token":"8.01\/4\/1\/8.01-229","url":"\/8.01-229\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-229\/","token":"8.01\/4\/1\/8.01-229","dublin_core":{"Title":"Suspension or tolling of statute of limitations; effect of disabilities; effect of death; injunction; prevention of service by defendant; dismissal, nonsuit or abatement; devise for payment of debts; new promises; debts proved in creditors’ suits","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-229","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Disabilities which toll the statute of limitations<\/span>. \u2014 Except as otherwise specifically provided in \u00a7\u00a7 8.01-237<\/a>, 8.01-241<\/a>, 8.01-242<\/a>, 8.01-243<\/a>, 8.01-243.1<\/a> and other provisions of this Code, <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If a person<\/span> entitled to bring any action is at the time the cause of action<\/span> accrues an infant, except if such infant has been emancipated pursuant to Article 15 (§ 16.1-331<\/a> et seq.) of Chapter 11 of Title 16.1, or incapacitated, such person<\/span> may bring it within the prescribed limitation period after such disability is removed; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> After a cause of action<\/span> accrues,\n\t\t\t\ta. If an infant becomes entitled to bring such action, the time during which he is within the age of minority shall not be counted as any part of the period within which the action must be brought except as to any such period during which the infant has been judicially declared emancipated; or\n\t\t\t\tb. If a person<\/span> entitled to bring such action becomes incapacitated, the time during which he is incapacitated shall not be computed as any part of the period within which the action must be brought, except where a conservator, guardian or committee is appointed for such person<\/span> in which case an action may be commenced by such conservator, committee or guardian before the expiration of the applicable period of limitation or within one year after his qualification as such, whichever occurs later.\n\t\t\t\tFor the purposes of subdivisions 1 and 2, a person<\/span> shall be deemed incapacitated if he is so adjudged by a court<\/span> of competent jurisdiction<\/span>, or if it shall otherwise appear to the court<\/span> or jury<\/span> determining the issue<\/span> that such person<\/span> is or was incapacitated within the prescribed limitation period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If a convict is or becomes entitled to bring an action against his committee, the time during which he is incarcerated shall not be counted as any part of the period within which the action must be brought. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Effect of death of a party<\/span>. \u2014 The death of a person<\/span> entitled to bring an action or of a person<\/span> against whom an action may be brought shall toll the statute of limitations<\/span> as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Death of person<\/span> entitled to bring a personal action. — If a person<\/span> entitled to bring a personal action dies with no such action pending before the expiration of the limitation period for commencement thereof, then an action may be commenced by the decedent’s personal representative before the expiration of the limitation period including the limitation period as provided by subdivision E 3 or within one year after his qualification as personal representative, whichever occurs later. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Death of person<\/span> against whom personal action may be brought.\n\t\t\t\ta. If a person<\/span> against whom a personal action may be brought dies before the commencement of such action and before the expiration of the limitation period for commencement thereof then a claim may be filed against the decedent’s estate or an action may be commenced against the decedent’s personal representative before the expiration of the applicable limitation period or within one year after the qualification of such personal representative, whichever occurs later.\n\t\t\t\tb. If a person<\/span> against whom a personal action may be brought dies before suit<\/span> papers naming such person<\/span> as defendant<\/span> have been filed with the court<\/span>, then such suit<\/span> papers may be amended to substitute the decedent’s personal representative as party<\/span> defendant<\/span> before the expiration of the applicable limitation period or within two years after the date such suit<\/span> papers were filed with the court<\/span>, whichever occurs later, and such suit<\/span> papers shall be taken as properly filed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Effect of death on actions<\/span> for recovery of realty, or a proceeding for enforcement of certain liens<\/span> relating to realty. — Upon the death of any person<\/span> in whose favor or against whom an action for recovery of realty, or a proceeding for enforcement of certain liens<\/span> relating to realty, may be brought, such right of action shall accrue to or against his successors in interest as provided in Article 2 (§ 8.01-236<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Accrual of a personal cause of action<\/span> against the estate of any person<\/span> subsequent to such person<\/span>’s death. — If a personal cause of action<\/span> against a decedent accrues subsequent to his death, an action may be brought against the decedent’s personal representative or a claim thereon may be filed against the estate of such decedent before the expiration of the applicable limitation period or within two years after the qualification of the decedent’s personal representative, whichever occurs later. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Accrual of a personal cause of action<\/span> in favor of decedent. — If a person<\/span> dies before a personal cause of action<\/span> which survives would have accrued to him, if he had continued to live, then an action may be commenced by such decedent’s personal representative before the expiration of the applicable limitation period or within one year after the qualification of such personal representative, whichever occurs later. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Delayed qualification of personal representative. — If there is an interval of more than two years between the death of any person<\/span> in whose favor or against whom a cause of action<\/span> has accrued or shall subsequently accrue and the qualification of such person<\/span>’s personal representative, such personal representative shall, for the purposes of this chapter, be deemed to have qualified on the last day of such two-year period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Suspension during injunctions<\/span>. — When the commencement of any action is stayed by injunction<\/span>, the time of the continuance<\/span> of the injunction<\/span> shall not be computed as any part of the period within which the action must be brought. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Obstruction of filing by defendant<\/span>. — When the filing of an action is obstructed by a defendant<\/span>’s (i) filing a petition<\/span> in bankruptcy<\/span> or filing a petition<\/span> for an extension or arrangement under the United States Bankruptcy<\/span> Act or (ii) using any other direct or indirect means to obstruct the filing of an action, then the time that such obstruction has continued shall not be counted as any part of the period within which the action must be brought. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Dismissal<\/span>, abatement, or nonsuit<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Except as provided in subdivision 3, if any action is commenced within the prescribed limitation period and for any cause abates or is dismissed without determining the merits, the time such action is pending shall not be computed as part of the period within which such action may be brought, and another action may be brought within the remaining period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If a judgment<\/span> or decree<\/span> is rendered for the plaintiff<\/span> in any action commenced within the prescribed limitation period and such judgment<\/span> or decree<\/span> is arrested or reversed upon a ground which does not preclude a new action for the same cause, or if there is occasion to bring a new action by reason of the loss or destruction of any of the papers or records in a former action which was commenced within the prescribed limitation period, then a new action may be brought within one year after such arrest<\/span> or reversal or such loss or destruction, but not after. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If a plaintiff<\/span> suffers a voluntary nonsuit<\/span> as prescribed in § 8.01-380<\/a>, the statute of limitations<\/span> with respect to such action shall be tolled by the commencement of the nonsuited action, regardless of whether the statute of limitations<\/span> is statutory or contractual, and the plaintiff<\/span> may recommence his action within six months from the date of the order<\/span> entered by the court<\/span>, or within the original period of limitation, or within the limitation period as provided by subdivision B 1, whichever period is longer. This tolling provision shall apply irrespective of whether the action is originally filed in a federal or a state court<\/span> and recommenced in any other court<\/span>, and shall apply to all actions<\/span> irrespective of whether they arise under common law<\/span> or statute. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Effect of devise for payment of debts. — No provision in the will of any testator devising his real estate, or any part thereof, subject to the payment of his debts or charging the same therewith, or containing any other provision for the payment of debts, shall prevent this chapter from operating against such debts, unless it plainly appears to be the testator’s intent<\/span> that it shall not so operate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Effect of new promise in writing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If any person<\/span> against whom a right of action has accrued on any contract<\/span>, other than a judgment<\/span> or recognizance<\/span>, promises, by writing signed by him or his agent, payment of money on such contract<\/span>, the person<\/span> to whom the right has accrued may maintain an action for the money so promised, within such number of years after such promise as it might be maintained if such promise were the original cause of action<\/span>. An acknowledgment in writing, from which a promise of payment may be implied, shall be deemed to be such promise within the meaning of this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The plaintiff<\/span> may sue on the new promise described in subdivision 1 or on the original cause of action<\/span>, except that when the new promise is of such a nature as to merge the original cause of action<\/span> then the action shall be only on the new promise. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Suspension of limitations in creditors<\/span>’ suits<\/span>. — When an action is commenced as a general creditors<\/span>’ action, or as a general lien<\/span> creditors<\/span>’ action, or as an action to enforce a mechanics’ lien<\/span>, the running of the statute of limitations<\/span> shall be suspended as to debts provable in such action from the commencement of the action, provided they are brought in before the commissioner in chancery<\/span> under the first reference for an account of debts; but as to claims not so brought in the statute shall continue to run, without interruption by reason either of the commencement of the action or of the order<\/span> for an account, until a later order<\/span> for an account, under which they do come in, or they are asserted by petition<\/span> or independent action.\n\t\t\tIn actions<\/span> not instituted originally either as general creditors<\/span>’ actions<\/span>, or as general lien<\/span> creditors<\/span>’ actions<\/span>, but which become such by subsequent proceedings, the statute of limitations<\/span> shall be suspended by an order<\/span> of reference for an account of debts or of liens<\/span> only as to those creditors<\/span> who come in and prove their claims under the order<\/span>. As to creditors<\/span> who come in afterwards by petition<\/span> or under an order<\/span> of recommittal, or a later order<\/span> of reference for an account, the statute shall continue to run without interruption by reason of previous orders<\/span> until filing of the petition<\/span>, or until the date of the reference under which they prove their claims, as the case may be. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> When an action is commenced within a period of 30 days prior to the expiration of the limitation period for commencement thereof and the defending party<\/span> or parties desire to institute an action as third-party<\/span> plaintiff<\/span> against one or more persons<\/span> not party<\/span> to the original action, the running of the period of limitation against such action shall be suspended as to such new party<\/span> for a period of 60 days from the expiration of the applicable limitation period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> If any award of compensation by the Workers’ Compensation Commission pursuant to Chapter 5 (§ 65.2-500<\/a> et seq.) of Title 65.2 is subsequently found void ab initio, other than an award voided for fraudulent procurement of the award by the claimant, the statute of limitations<\/span> applicable to any civil action<\/span> upon the same claim or cause of action<\/span> in a court<\/span> of this Commonwealth shall be tolled for that period of time during which compensation payments were made. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> Suspension of limitations during criminal proceedings. — In any personal action for damages<\/span> or action for death by wrongful act pursuant to § 8.01-50<\/a>, if a criminal prosecution<\/span> arising out of the same facts<\/span> is commenced, the time such prosecution<\/span> is pending shall not be computed as part of the period within which such a civil action<\/span> may be brought. For purposes of this subsection, the time during which a prosecution<\/span> is pending shall be calculated from the date of the issuance of a warrant, summons<\/span>, or capias<\/span>, the return or filing of an indictment<\/span> or information, or the defendant<\/span>’s first appearance<\/span> in any court<\/span> as an accused<\/span> in such a prosecution<\/span>, whichever date occurs first, until the date of the final judgment<\/span> or order<\/span> in the trial<\/span> court<\/span>, the date of the final disposition<\/span> of any direct appeal<\/span>, or the date on which the time for noting an appeal<\/span> has expired, whichever date occurs last. Thereafter, the civil action<\/span> may be brought within the remaining period of the statute or within one year, whichever is longer.\n\t\t\tIf a criminal prosecution<\/span> is commenced and a grand jury<\/span> indictment<\/span> is returned or a grand jury<\/span> indictment<\/span> is waived after the period within which a civil action<\/span> arising out of the same set of facts<\/span> may be brought, a civil action<\/span> may be brought within one year of the date of the final judgment<\/span> or order<\/span> in the trial<\/span> court<\/span>, the date of the final disposition<\/span> of any direct appeal<\/span>, or the date on which the time for noting an appeal<\/span> has expired, whichever date occurs last, but no more than 10 years after the date of the crime<\/span> or two years after the cause of action<\/span> shall have accrued, whichever date occurs last. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSUSPENSION OR TOLLING OF STATUTE OF LIMITATIONS; EFFECT OF DISABILITIES; EFFECT\nOF DEATH; INJUNCTION; PREVENTION OF SERVICE BY DEFENDANT; DISMISSAL, NONSUIT OR\nABATEMENT; DEVISE FOR PAYMENT OF DEBTS; NEW PROMISES; DEBTS PROVED IN\nCREDITORS’ SUITS (\u00a7 8.01-229)\n\nA. Disabilities which toll the statute of limitations. \u2014 Except as otherwise\nspecifically provided in \u00a7\u00a7 8.01-237, 8.01-241, 8.01-242, 8.01-243, 8.01-243.1\nand other provisions of this Code,\n\n 1. If a person entitled to bring any action is at the time the cause of action\n accrues an infant, except if such infant has been emancipated pursuant to\n Article 15 (§ 16.1-331 et seq.) of Chapter 11 of Title 16.1, or\n incapacitated, such person may bring it within the prescribed limitation\n period after such disability is removed; or\n\n 2. After a cause of action accrues,\n \t\t\t\ta. If an infant becomes entitled to bring such action, the time during\n which he is within the age of minority shall not be counted as any part of the\n period within which the action must be brought except as to any such period\n during which the infant has been judicially declared emancipated; or\n \t\t\t\tb. If a person entitled to bring such action becomes incapacitated, the\n time during which he is incapacitated shall not be computed as any part of the\n period within which the action must be brought, except where a conservator,\n guardian or committee is appointed for such person in which case an action may\n be commenced by such conservator, committee or guardian before the expiration\n of the applicable period of limitation or within one year after his\n qualification as such, whichever occurs later.\n \t\t\t\tFor the purposes of subdivisions 1 and 2, a person shall be deemed\n incapacitated if he is so adjudged by a court of competent jurisdiction, or if\n it shall otherwise appear to the court or jury determining the issue that such\n person is or was incapacitated within the prescribed limitation period.\n\n 3. If a convict is or becomes entitled to bring an action against his\n committee, the time during which he is incarcerated shall not be counted as\n any part of the period within which the action must be brought.\n\nB. Effect of death of a party. \u2014 The death of a person entitled to bring an\naction or of a person against whom an action may be brought shall toll the\nstatute of limitations as follows:\n\n 1. Death of person entitled to bring a personal action. — If a person\n entitled to bring a personal action dies with no such action pending before\n the expiration of the limitation period for commencement thereof, then an\n action may be commenced by the decedent’s personal representative before\n the expiration of the limitation period including the limitation period as\n provided by subdivision E 3 or within one year after his qualification as\n personal representative, whichever occurs later.\n\n 2. Death of person against whom personal action may be brought.\n \t\t\t\ta. If a person against whom a personal action may be brought dies before\n the commencement of such action and before the expiration of the limitation\n period for commencement thereof then a claim may be filed against the\n decedent’s estate or an action may be commenced against the\n decedent’s personal representative before the expiration of the\n applicable limitation period or within one year after the qualification of\n such personal representative, whichever occurs later.\n \t\t\t\tb. If a person against whom a personal action may be brought dies before\n suit papers naming such person as defendant have been filed with the court,\n then such suit papers may be amended to substitute the decedent’s\n personal representative as party defendant before the expiration of the\n applicable limitation period or within two years after the date such suit\n papers were filed with the court, whichever occurs later, and such suit papers\n shall be taken as properly filed.\n\n 3. Effect of death on actions for recovery of realty, or a proceeding for\n enforcement of certain liens relating to realty. — Upon the death of\n any person in whose favor or against whom an action for recovery of realty, or\n a proceeding for enforcement of certain liens relating to realty, may be\n brought, such right of action shall accrue to or against his successors in\n interest as provided in Article 2 (§ 8.01-236 et seq.).\n\n 4. Accrual of a personal cause of action against the estate of any person\n subsequent to such person’s death. — If a personal cause of\n action against a decedent accrues subsequent to his death, an action may be\n brought against the decedent’s personal representative or a claim\n thereon may be filed against the estate of such decedent before the expiration\n of the applicable limitation period or within two years after the\n qualification of the decedent’s personal representative, whichever\n occurs later.\n\n 5. Accrual of a personal cause of action in favor of decedent. — If a\n person dies before a personal cause of action which survives would have\n accrued to him, if he had continued to live, then an action may be commenced\n by such decedent’s personal representative before the expiration of the\n applicable limitation period or within one year after the qualification of\n such personal representative, whichever occurs later.\n\n 6. Delayed qualification of personal representative. — If there is an\n interval of more than two years between the death of any person in whose favor\n or against whom a cause of action has accrued or shall subsequently accrue and\n the qualification of such person’s personal representative, such\n personal representative shall, for the purposes of this chapter, be deemed to\n have qualified on the last day of such two-year period.\n\nC. Suspension during injunctions. — When the commencement of any action\nis stayed by injunction, the time of the continuance of the injunction shall not\nbe computed as any part of the period within which the action must be brought.\n\nD. Obstruction of filing by defendant. — When the filing of an action is\nobstructed by a defendant’s (i) filing a petition in bankruptcy or filing\na petition for an extension or arrangement under the United States Bankruptcy\nAct or (ii) using any other direct or indirect means to obstruct the filing of\nan action, then the time that such obstruction has continued shall not be\ncounted as any part of the period within which the action must be brought.\n\nE. Dismissal, abatement, or nonsuit.\n\n 1. Except as provided in subdivision 3, if any action is commenced within the\n prescribed limitation period and for any cause abates or is dismissed without\n determining the merits, the time such action is pending shall not be computed\n as part of the period within which such action may be brought, and another\n action may be brought within the remaining period.\n\n 2. If a judgment or decree is rendered for the plaintiff in any action\n commenced within the prescribed limitation period and such judgment or decree\n is arrested or reversed upon a ground which does not preclude a new action for\n the same cause, or if there is occasion to bring a new action by reason of the\n loss or destruction of any of the papers or records in a former action which\n was commenced within the prescribed limitation period, then a new action may\n be brought within one year after such arrest or reversal or such loss or\n destruction, but not after.\n\n 3. If a plaintiff suffers a voluntary nonsuit as prescribed in §\n 8.01-380, the statute of limitations with respect to such action shall be\n tolled by the commencement of the nonsuited action, regardless of whether the\n statute of limitations is statutory or contractual, and the plaintiff may\n recommence his action within six months from the date of the order entered by\n the court, or within the original period of limitation, or within the\n limitation period as provided by subdivision B 1, whichever period is longer.\n This tolling provision shall apply irrespective of whether the action is\n originally filed in a federal or a state court and recommenced in any other\n court, and shall apply to all actions irrespective of whether they arise under\n common law or statute.\n\nF. Effect of devise for payment of debts. — No provision in the will of\nany testator devising his real estate, or any part thereof, subject to the\npayment of his debts or charging the same therewith, or containing any other\nprovision for the payment of debts, shall prevent this chapter from operating\nagainst such debts, unless it plainly appears to be the testator’s intent\nthat it shall not so operate.\n\nG. Effect of new promise in writing.\n\n 1. If any person against whom a right of action has accrued on any contract,\n other than a judgment or recognizance, promises, by writing signed by him or\n his agent, payment of money on such contract, the person to whom the right has\n accrued may maintain an action for the money so promised, within such number\n of years after such promise as it might be maintained if such promise were the\n original cause of action. An acknowledgment in writing, from which a promise\n of payment may be implied, shall be deemed to be such promise within the\n meaning of this subsection.\n\n 2. The plaintiff may sue on the new promise described in subdivision 1 or on\n the original cause of action, except that when the new promise is of such a\n nature as to merge the original cause of action then the action shall be only\n on the new promise.\n\nH. Suspension of limitations in creditors’ suits. — When an action\nis commenced as a general creditors’ action, or as a general lien\ncreditors’ action, or as an action to enforce a mechanics’ lien, the\nrunning of the statute of limitations shall be suspended as to debts provable in\nsuch action from the commencement of the action, provided they are brought in\nbefore the commissioner in chancery under the first reference for an account of\ndebts; but as to claims not so brought in the statute shall continue to run,\nwithout interruption by reason either of the commencement of the action or of\nthe order for an account, until a later order for an account, under which they\ndo come in, or they are asserted by petition or independent action.\n\t\t\tIn actions not instituted originally either as general creditors’\nactions, or as general lien creditors’ actions, but which become such by\nsubsequent proceedings, the statute of limitations shall be suspended by an\norder of reference for an account of debts or of liens only as to those\ncreditors who come in and prove their claims under the order. As to creditors\nwho come in afterwards by petition or under an order of recommittal, or a later\norder of reference for an account, the statute shall continue to run without\ninterruption by reason of previous orders until filing of the petition, or until\nthe date of the reference under which they prove their claims, as the case may\nbe.\n\nI. When an action is commenced within a period of 30 days prior to the\nexpiration of the limitation period for commencement thereof and the defending\nparty or parties desire to institute an action as third-party plaintiff against\none or more persons not party to the original action, the running of the period\nof limitation against such action shall be suspended as to such new party for a\nperiod of 60 days from the expiration of the applicable limitation period.\n\nJ. If any award of compensation by the Workers’ Compensation Commission\npursuant to Chapter 5 (§ 65.2-500 et seq.) of Title 65.2 is subsequently\nfound void ab initio, other than an award voided for fraudulent procurement of\nthe award by the claimant, the statute of limitations applicable to any civil\naction upon the same claim or cause of action in a court of this Commonwealth\nshall be tolled for that period of time during which compensation payments were\nmade.\n\nK. Suspension of limitations during criminal proceedings. — In any\npersonal action for damages or action for death by wrongful act pursuant to\n§ 8.01-50, if a criminal prosecution arising out of the same facts is\ncommenced, the time such prosecution is pending shall not be computed as part of\nthe period within which such a civil action may be brought. For purposes of this\nsubsection, the time during which a prosecution is pending shall be calculated\nfrom the date of the issuance of a warrant, summons, or capias, the return or\nfiling of an indictment or information, or the defendant’s first\nappearance in any court as an accused in such a prosecution, whichever date\noccurs first, until the date of the final judgment or order in the trial court,\nthe date of the final disposition of any direct appeal, or the date on which the\ntime for noting an appeal has expired, whichever date occurs last. Thereafter,\nthe civil action may be brought within the remaining period of the statute or\nwithin one year, whichever is longer.\n\t\t\tIf a criminal prosecution is commenced and a grand jury indictment is\nreturned or a grand jury indictment is waived after the period within which a\ncivil action arising out of the same set of facts may be brought, a civil action\nmay be brought within one year of the date of the final judgment or order in the\ntrial court, the date of the final disposition of any direct appeal, or the date\non which the time for noting an appeal has expired, whichever date occurs last,\nbut no more than 10 years after the date of the crime or two years after the\ncause of action shall have accrued, whichever date occurs last.\n\nHISTORY: Code 1950, \u00a7\u00a7 8-8, 8-13, 8-15, 8-20, 8-21, 8-25, 8-26, 8-29 through\n8-34; 1964, c. 219; 1966, c. 118; 1972, c. 825; 1977, c. 617; 1978, cc. 65, 767;\n1983, cc. 404, 437; 1986, c. 506; 1987, cc. 294, 645; 1988, c. 711; 1989, c.\n588; 1990, c. 280; 1991, cc. 693, 722; 1993, c. 844; 1997, c. 801; 2000, c. 531;\n2001, cc. 773, 781; 2016, cc. 189, 268; 2025, c. 37.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}