How to collect unpaid invoices in Virginia: mechanic's lien law, consent rules, and General District Court

Virginia's wiretapping statute (Va. Code §19.2-62) prohibits intercepting wire, electronic, or oral communications without the consent of at least one party. The caller's consent satisfies this requirement. Virginia businesses -- and AI tools calling on their behalf -- can record outbound collection calls without separately disclosing the recording to the person being called. Disclosing the recording at the start of the call is good practice and reduces misunderstanding, but Virginia law does not require it for one-party-consent calls.

Virginia's mechanic's lien statute (Va. Code §43-1 et seq.) protects contractors, subcontractors, and materialmen who furnish labor or materials to improve real property. A memorandum of lien must be recorded with the clerk of the circuit court of the county or city where the property is located within 90 days after the last day of the month in which the claimant last performed labor or furnished materials (Va. Code §43-4). For a contractor whose last furnishing was July 20, the last day of that month is July 31, and the 90-day window runs from July 31 -- making the deadline October 29. Mark this date on the day the job closes.

Virginia does not require a general preliminary notice from prime contractors. Subcontractors must give written notice to the owner -- by hand delivery or certified mail -- that a lien may be filed (Va. Code §43-4.01). This notice must be given at the time of filing the memorandum of lien or within 5 days before filing. Failure to provide the notice to the owner does not invalidate the lien against the property but may limit enforcement against the owner personally. A suit to enforce a Virginia mechanic's lien must be brought within 6 months of recording.

Virginia General District Court small claims (Va. Code §16.1-77.1) handles claims up to $5,000. Filing fees are $26 to $75. Hearings are usually scheduled within 30 to 60 days. There is no formal discovery in General District Court; bring all your evidence on the day of the hearing. For claims between $5,000 and $25,000, the General District Court civil docket applies. Claims above $25,000 require Circuit Court. Virginia also has a separate venue for General Sessions claims -- some jurisdictions call these "civil cases" rather than small claims but the process is the same.

Virginia's statute of limitations for written contracts is 5 years (Va. Code §8.01-246(2)). Oral contracts have a 3-year limit (Va. Code §8.01-246(4)). The clock runs from when the cause of action accrues -- when the invoice was due and payment was demanded and refused. A 2021 invoice must be filed in Virginia court by 2026. Virginia courts strictly enforce these deadlines; there is no equitable tolling available for mere delay in pursuing collection.