§ 8.01-465.28.(Effective July 1, 2027) Complaint requirements.

Chapter 17.4. Uniform Consumer Debt Default Judgments Act · Last amended 2026 · Last verified July 16, 2026

In one sentenceEffective July 1, 2027, this section conditions entry of a default judgment on a detailed, itemized complaint identifying the consumer, creditor, account, debt history, and full chain of ownership if the plaintiff bought the debt, accompanied by documentary proof the debt exists and, when the plaintiff is not the original creditor, proof of its authority to collect.

Full Text of § 8.01-465.28

Text sizeJump to: (A) (B) (C)

A. A default judgment in an action to which this chapter applies shall be entered only if the complaint or amended complaint complies with the provisions of this section and includes the notice required pursuant to § 8.01-465.29.

B. The complaint or amended complaint shall state:

1. Each name and address of the consumer in the records of the creditor at the time of charge off or, if the consumer debt was not charged off, at the time of default;

2. The name of the creditor, including any merchant brand, affinity brand, or facility name associated with the consumer debt;

3. At least the last four digits of the account number or other account identifier used in communicating with the consumer before charge off or, if the consumer debt was not charged off, before default;

4. The date and amount of the last payment;

5. The date of charge off or, if the consumer debt was not charged off, the date of default;

6. The amount of the outstanding balance;

7. The amount of the judgment sought by the plaintiff, itemizing the outstanding balance and any of the following amounts not included in the outstanding balance (i) total finance charges, (ii) total fees or costs, (iii) total attorney fees, and (iv) total credits and payments;

8. A statement as to whether the amount of the judgment may increase due to accrued interest, fees, or other charges;

9. The authority of the plaintiff to bring the action;

10. Facts sufficient to demonstrate that the action is being commenced in a proper venue;

11. Facts sufficient to demonstrate that the action is being commenced within the applicable statute of limitations; and

12. Unless the plaintiff is the creditor, (i) the name of each person that acquired ownership of the debt after charge off, or, if the consumer debt was not charged off, after default; and (ii) the date of each such acquisition of the consumer debt.

C. Subject to authentication as may be required by law or the Rules of the Supreme Court of Virginia, the plaintiff shall attach to the complaint or amended complaint a copy of:

1. At least one of the following that is sufficient to demonstrate the existence of the consumer debt:

a. An agreement signed by the consumer;

b. A record of a purchase, payment, or use of an account; or

c. A record otherwise demonstrating that the consumer debt was incurred; and

2. If the plaintiff is not the creditor, documentation sufficient to demonstrate the authority of the plaintiff to collect the consumer debt.

End

Plain-English Summary

A default judgment against a consumer who never appears in court puts a lot of weight on the paperwork alone, and this section makes sure that paperwork carries real content. A default judgment can be entered only if the complaint or amended complaint complies with this section and includes the notice § 8.01-465.29 requires.

The complaint has to identify the players and the account in detail: the consumer's name and address as it appeared in the creditor's records at charge off or default, the creditor's name including any merchant or affinity brand, at least the last four digits of the account number, the date and amount of the last payment, and the date of charge off or default. It also has to show the money: the outstanding balance, and an itemized breakdown of the judgment amount sought — separating out finance charges, fees or costs, attorney fees, and credits or payments — plus a statement of whether the judgment amount might grow from accruing interest or charges.

Procedural facts get their own line items too: the plaintiff's authority to bring the action, facts showing the action is in a proper venue, and facts showing it is within the statute of limitations. And if the plaintiff bought the debt rather than originating it, the complaint must trace every link in that chain — each person that acquired the debt after charge off or default, and the date of each acquisition.

None of that is just assertion. The plaintiff must attach at least one document proving the debt exists — a signed agreement, a record of purchase, payment, or account use, or another record showing the debt was incurred — and, if the plaintiff is not the creditor, documentation proving its authority to collect.

Frequently Asked Questions

What happens if a complaint does not comply with this section?

A default judgment cannot be entered — the chapter conditions entry of a default judgment on compliance with this section's complaint requirements and the § 8.01-465.29 notice.

Must the complaint break down how the total judgment amount was calculated?

Yes, it must itemize the outstanding balance and separately state total finance charges, total fees or costs, total attorney fees, and total credits and payments not already included in the outstanding balance.

What must the complaint say if the plaintiff is not the original creditor?

The name of each person that acquired ownership of the debt after charge off, or after default if the debt was not charged off, and the date of each acquisition.

What documents must be attached to the complaint?

At least one document showing the debt exists — a signed agreement, a record of purchase, payment, or use of the account, or another record demonstrating the debt was incurred — and, if the plaintiff is not the creditor, documentation showing its authority to collect.

Does the complaint need to address venue and the statute of limitations?

Yes, it must state facts sufficient to demonstrate the action is being brought in a proper venue and within the applicable statute of limitations.

Amendment History

2026, c. 395.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source

Also known as: virginia consumer debt collection complaint requirements 2027debt buyer chain of title complaint virginiaitemized default judgment complaint virginia consumer debtdocumentation required for a consumer debt default judgment virginia