NOT LEGAL OR FINANCIAL ADVICE
This content is for educational purposes only. Laws change frequently and vary by circumstance. Always consult a licensed attorney in your state before taking any legal action. We are not responsible for any decisions or actions taken based on this information.
Virginia Freelance Invoice Laws
General information about collecting unpaid invoices in Virginia
Last Updated: 2025-01-01 • Always verify with a Virginia attorney
Late Fee Limit
No statutory limit for B2B contracts
Interest Rate
6% per annum (statutory); 12% maximum by contract
Small Claims Limit
$5,000
Statute of Limitations
5 years for written contracts, 3 years for oral
Additional Context
Late Fees: Late fees must be reasonable and agreed upon in writing. Virginia courts enforce reasonable commercial provisions.
Interest: Written contracts can specify up to 12% per annum. Higher rates may be permitted for certain commercial transactions.
Small Claims: General District Court handles small claims up to $5,000. Filing fees are $46-$62. Informal process.
General Best Practices
These are general suggestions, not legal advice. Consult an attorney for your specific situation.
- ✓ Use written contracts—you get 5 years vs 3 for oral
- ✓ Include late fee and interest provisions up to 12%
- ✓ Send itemized invoices with clear deadlines
- ✓ Document all project milestones and approvals
- ✓ File in General District Court for efficient resolution
Common Mistakes to Avoid
- ✗ Relying on oral agreements (only 3-year limit)
- ✗ Missing the 5-year deadline for written contracts
- ✗ Setting interest rates above 12% without legal review
- ✗ Filing in wrong district court
- ✗ Not sending formal demand letters first
When to Consult an Attorney
For invoices over $5,000 or complex contract disputes involving the DC/NoVA area.
Frequently Asked Questions
What is the small claims limit in Virginia?
Virginia General District Court handles claims up to $5,000. Filing fees are $46-$62. The process is informal and designed for self-representation.
How long do I have to sue for an unpaid invoice in Virginia?
You have 5 years for written contracts and 3 years for oral agreements. Use written contracts to maximize your collection window.
What interest rate can I charge on overdue invoices in Virginia?
The statutory rate is 6% per annum. You can contractually agree to up to 12% annually for commercial transactions.
Where do I file a small claims case in Virginia?
File in the General District Court for the county or city where the defendant resides or does business.
Do I need a collection license in Virginia?
You can collect your own debts without a license. Third-party agencies must be licensed by the State Corporation Commission.
Sources & References
These are reference sources only. Laws change—verify current statutes before taking action.
- Code of Virginia § 6.2-301 (Interest)
- Code of Virginia § 16.1-77 (General District Court)
- Code of Virginia § 8.01-246 (Statute of Limitations)
- Virginia Judicial System
IMPORTANT LEGAL DISCLAIMER
This is NOT legal or financial advice. The information on this page is provided for general educational and informational purposes only. It is not intended to be, and should not be construed as, legal, financial, or professional advice.
Laws change frequently. State laws, court rules, and regulations are subject to change without notice. The information presented here may not reflect the most current legal developments or may not apply to your specific situation.
Consult a licensed professional. Before taking any action based on the information on this website, you should consult with a licensed attorney in Virginia who can provide advice tailored to your specific circumstances.
No attorney-client relationship. Viewing this information does not create an attorney-client relationship between you and Happy Freelance Life or its creators.
No liability. Happy Freelance Life and its creators disclaim all liability for any actions taken or not taken based on any information on this website. You assume full responsibility for any decisions or actions you take based on this content.
If you need legal help, please contact the Virginia State Bar Association for attorney referrals or a legal aid organization in your area.
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Take the QuizThis information is for educational purposes only and does not constitute legal advice. Consult a licensed Virginia attorney for specific legal guidance. This page was last updated on 2025-01-01. For current legal information, consult the official Virginia state statutes or a licensed Virginia attorney. Happy Freelance Life is not a law firm and does not provide legal services.