No action shall be maintained on any contract which is governed by the law of another state or country if the right of action thereon is barred either by the laws of such state or country or of this Commonwealth.
§ 8.01-247.When action on contract governed by the law of another state or country barred in Virginia.
Chapter 4. Limitations of Actions · Article 3. Personal Actions Generally · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-247 bars a Virginia suit on a contract governed by another state’s or country’s law if the claim is already barred either under that other jurisdiction’s limitation period or under Virginia’s own.
Full Text of § 8.01-247
Plain-English Summary
Section 8.01-247 handles contracts that call for the law of a different state or country to govern their terms. When such a contract dispute lands in Virginia, this section applies a borrowing rule: the action is barred if it is barred either by the limitation period of the state or country whose law governs the contract, or by Virginia’s own limitation period, whichever bar hits first.
The effect is that a plaintiff cannot use Virginia as a forum to revive a claim that has already expired somewhere else. If the contract’s governing law comes from another jurisdiction and that jurisdiction’s clock has already run out, filing in Virginia does not restart the clock — and conversely, Virginia’s own limitation period still applies on its own terms as an independent bar, even if the foreign jurisdiction’s period has not yet expired.
Frequently Asked Questions
Can a party sue in Virginia on a contract that is already time-barred under the law of the state that governs the contract?
No. Section 8.01-247 bars the action if it is barred by the laws of the state or country whose law governs the contract.
Does Virginia’s own statute of limitations still matter if a different state’s law governs the contract?
Yes. The action is also barred if it is barred by Virginia’s own limitation period, so either bar is enough to defeat the claim.
What kind of contracts does this section address?
Contracts that are governed by the law of another state or country, as opposed to contracts governed by Virginia law.
Can filing suit in Virginia revive a contract claim that expired under another jurisdiction’s statute of limitations?
No. Section 8.01-247 specifically prevents that outcome by barring the Virginia action whenever the foreign jurisdiction’s limitation period has already run.
Which limitation period controls if Virginia’s period is shorter than the other jurisdiction’s period?
Either bar defeats the action, so if Virginia’s shorter period has already run, the action is barred in Virginia even though it might still be timely elsewhere.
Amendment History
Code 1950, § 8-23; 1977, c. 617.
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
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