§ 8.01-228.Scope of limitations; "personal action" defined.
Chapter 4. Limitations of Actions · Article 1. In General · Last amended 1977 · Last verified July 16, 2026
Full Text of § 8.01-228
Plain-English Summary
Section 8.01-228 opens Chapter 4 by setting the baseline everything else in the chapter builds on: if a statute prescribes a limitation period for an action, that action has to be filed within that period, full stop, unless some other part of the Code carves out an exception. It sounds obvious, but stating it plainly matters, because so much of the rest of the chapter consists of exceptions, extensions, and tolling rules that only make sense against this default.
The section also does a piece of definitional work that ripples through dozens of other sections in the chapter. It defines “personal action” to include any action where a plaintiff seeks a money judgment, whether the underlying harm is to a person or to property. That matters because later sections, like the two-year personal-injury period and the five-year property-damage period in § 8.01-243, use that same term, and this section is what tells a reader how far it reaches.
In practice, this section functions as a signpost rather than a rule anyone litigates directly. Lawyers cite it to establish that a limitations period is mandatory, not discretionary, and to confirm that a claim for money damages, whatever its label, falls within the chapter’s definition of a personal action.
Frequently Asked Questions
What is the general rule stated in Section 8.01-228?
Every action for which a limitation period is prescribed by law must be commenced within that period, unless another part of the Code specifically provides otherwise.
How does Section 8.01-228 define “personal action”?
It defines a personal action as one in which a plaintiff seeks a money judgment, whether the underlying harm is damage to person or to property.
Does Section 8.01-228 itself set any specific deadline?
Can a limitation period prescribed elsewhere in the Code override the chapter’s default rules?
Yes. Section 8.01-228 expressly defers to any other provision of the Code that specifically addresses a limitation period, so more specific statutes control over the chapter’s general framework.
Does a claim for property damage count as a personal action under this section?
Yes. The definition covers a judgment for money sought for damages to person or to property, so property-damage claims fall within the term.
Amendment History
1977, c. 617.