Virginia Debt Collection Laws & FDCPA Protections: Know Your Rights

Understanding your rights under Virginia debt collection laws is important for every consumer facing collection calls or letters. Both federal and state statutes, including the Fair Debt Collection Practices Act (FDCPA) (15 U.S.C. § 1692 and following), offer protections against abusive, harassing, or unfair debt collection practices in Virginia. While Virginia's own fair debt collection statutes are limited, residents are still protected by the comprehensive rules and consumer rights provided in the federal FDCPA.

Also, Virginia does have a criminal statute prohibiting anyone trying to collect a debt from imitating legal process to get paid. In addition, a new law in Virginia, effective July 1, 2026, shields Virginians from some of the most damaging consequences of medical debt, blocks predatory practices, and encourages medical providers to offer clear guidance and financial help to patients.

With the new medical debt protections taking effect in Virginia beginning July 1, 2026, it is more important than ever to stay informed about your rights, the limitations on debt collectors, and the steps you can take to protect yourself from illegal or aggressive collection tactics.

Overview of Debt Collection Laws in Virginia

Again, Virginia doesn't have an extensive set of fair debt collection laws. But Virginia makes it a crime for debt collectors to send documents simulating legal process. Also as of July 1, 2026, Virginia law also protects consumers from certain debt collection practices related to medical debts.

In addition, the FDCPA applies to every state, so if you live in Virginia, the FDCPA's protections apply to you.

What Is the Federal Fair Debt Collection Practices Act (FDCPA)?

The federal FDCPA protects consumers who owe money to merchants, credit card companies, or others for household debts. It prevents debt collection agencies from using intrusive or deceptive practices when collecting these debts. For instance, the FDCPA prohibits debt collectors from:

• contacting third parties about your debt (subject to a few exceptions, like your attorney or a credit reporting agency, or to get location information for you)
• calling you at work if the debt collector has reason to know that your employer forbids those calls
• engaging in conduct meant to harass, oppress, or abuse you, and
• lying to you or misleading you. (15 U.S.C. § 1692c, 15 U.S.C. § 1692d, 15 U.S.C. § 1692e (2025).)

The FDCPA also limits the time of day and different ways that a debt collector can communicate with you. (15 U.S.C. § 1692c, 15 U.S.C. § 1692f (2025).) In addition, like the Virginia statute, the FDCPA says a collector can't send you a document that looks like it's from a court or attorney or part of a legal process if it isn't. (15 U.S.C. § 1692e (2025).)

Who Is Regulated by the FDCPA?

Under the FDCPA, the term "debt collector" includes someone who regularly collects debts for others or whose main business is collecting debts. So, the FDCPA applies to debt collectors and sometimes debt buyers, but usually not to creditors collecting debts they originated. The law does apply to a creditor that collects its own debts under a different name. (15 U.S.C. § 1692a (2025).)

Filing a Lawsuit for FDCPA Violations in Virginia

If a debt collector uses abusive or deceptive collection behavior, you might also be able to file a lawsuit under the federal FDCPA. However, be aware that FDCPA violations don't eliminate the debt, nor do they restrict the creditor's options for taking legal action.

Talk to a debt relief lawyer if you need help initiating a lawsuit.

What Are the Prohibited Debt Collection Practices Under Virginia Law?

The Virginia law is much less extensive than the federal FDCPA. Also, it's a criminal statute. So, unlike the FDCPA, it doesn't allow individuals to sue collection agencies for violating the law.

Virginia's criminal statute prohibits anyone trying to collect a debt from imitating legal process to obtain payment. (Va. Code § 18.2-213 (2025).)

Who Is Regulated by Virginia's Debt Collection Law?

Under the Virginia Code, any person who knowingly delivers, mails, sends, or otherwise uses or causes to be used any paper or writing to collect money can't simulate or intend to simulate any warrant, process, writ, notice of execution lien or notice of motion for judgment. (Va. Code § 18.2-213 (2025).)

What Are the Penalties for Violating Virginia's Fair Debt Collection Law?

Any person who violates Virginia's fair debt collection law is guilty of a Class 4 misdemeanor and can be fined. (Va. Code § 18.2-213 (2025).)

What Are Your Rights If a Debt Collector Violates Virginia's Fair Debt Collection Law?

Because this is a criminal statute, you can report a violation but can't directly sue the collector for breaking the law. (Va. Code § 18.2-11 (2025).) But if a bill collector violates the federal FDCPA, you can bring a lawsuit seeking damages (see below).

Medical Debt Collection Restrictions Under Virginia's 2026 Medical Debt Law

Virginia's Medical Debt Protections Act (HB1725), enacted in 2025, effective July 1, 2026, provides patient protections by restricting aggressive debt collection and limiting financial burdens from medical bills.

Among other things, for the first 120 days following the due date applicable to the final invoice for a health care service, large health care facilities and medical debt collectors can't foreclose on a home or put liens on personal property for unpaid medical bills. During this time, wage garnishment for medical debt is prohibited for any individual qualifying for financial assistance under the financial assistance policy applicable to the underlying medical debt. After 120 days, the creditor or collector must provide a notice of at least 30 days before pursuing one of these actions. The notice must include a summary of financial assistance policies and a list of intended actions. (Va. Code § 59.1-612 (2025).)

Also, no interest or late fees may be charged on a medical debt for the first 90 days after a bill is due. After that, late fees and interest are capped at 3% per year. (Va. Code § 59.1-612 (2025).)

The law also requires medical debt buyers to adhere to strict guidelines when purchasing medical debt, such as prohibiting interest over 3% per year. (Va. Code § 59.1-612 (2025).)

Violations of the act are considered prohibited practices under the Virginia Consumer Protection Act.

How to Report Illegal Debt Collection Practices in Virginia

You can file a complaint with the Consumer Financial Protection Bureau (CFPB) if you have an issue with a debt collector in Virginia. After you submit a complaint, the CFPB will work to get you a response, typically within 15 days. You can also notify your state attorney general's office of your complaint.

What Are Your Rights If You're Being Sued by a Debt Collector?

If a debt collector sues you, you have the right to respond in court. You also have the right to hire an attorney to represent you in the case.

Even if you're being sued, you can still try to settle the debt. If the collector violated federal or state laws when trying to collect from you, you could have leverage in debt settlement negotiations.

Getting Legal Help With Debt Collection Issues in Virginia

If you need help dealing with an aggressive debt collector, figuring out what option is best for handling your debts, negotiating a settlement, or responding to a lawsuit for nonpayment of a debt, consider consulting with a debt relief lawyer.

If you have a lot of debts, you might want to consider filing for bankruptcy. In that situation, you'll want to talk to a bankruptcy lawyer.