A. A civil action may be maintained on any past-due lost bond, note, contract, open account agreement, or other written evidence of debt, provided the plaintiff verifies under oath either in open court or by affidavit that said bond, note, contract, open account agreement, or other written evidence of debt has been lost or destroyed.
§ 8.01-32.Action on lost evidences of debt.
Chapter 3. Actions · Article 2. Actions on Contracts Generally · Last amended 2003 · Last verified July 16, 2026
In one sentenceSection 8.01-32 lets a creditor sue on a lost or destroyed bond, note, contract, or other written evidence of debt by verifying the loss under oath, allows the court to accept a true copy produced in the normal course of business in place of the lost original, and yields to Section 8.3A-309 whenever they conflict.
Full Text of § 8.01-32
B. Where a true and accurate copy of the written evidence of debt exists, which copy was produced in the normal course of business, the court shall accept such copy into evidence and shall give effect to its terms as if the original had been placed into evidence.
C. In the event of any inconsistency between this section and any applicable provisions of § 8.3A-309, the provisions of that section shall control.
Plain-English Summary
Section 8.01-32 lets a creditor sue on a debt even after the paper proving it is gone. Subsection A allows a civil action on any past-due bond, note, contract, open account agreement, or other written evidence of debt that has been lost or destroyed, as long as the plaintiff verifies the loss under oath, either in open court or by affidavit.
Subsection B addresses what stands in for the lost original: if a true and accurate copy exists, one produced in the normal course of business, the court must accept that copy into evidence and give it the same effect as if the original document had been introduced.
Subsection C resolves any conflict between this section and Section 8.3A-309, the Uniform Commercial Code provision on enforcing lost, destroyed, or stolen instruments — whenever the two disagree, Section 8.3A-309 controls.
Frequently Asked Questions
Can I sue to collect on a note I’ve lost?
Yes, if you verify under oath — in open court or by affidavit — that the bond, note, contract, or other written evidence of debt was lost or destroyed, and it is past due.
Do I need to produce the original document to win?
Not if a true and accurate copy exists that was produced in the normal course of business. The court must accept that copy and give it the same effect as the original.
What kind of documents does Section 8.01-32 cover?
Any past-due lost bond, note, contract, open account agreement, or other written evidence of debt.
What if this section conflicts with the Uniform Commercial Code’s lost-instrument provision?
Section 8.01-32(C) says that whenever this section is inconsistent with Section 8.3A-309, Section 8.3A-309 controls.
Does the debt have to be past due to use this section?
Yes. Subsection A applies to a past-due lost bond, note, contract, open account agreement, or other written evidence of debt — it does not cover debts that haven’t yet matured.
Amendment History
Code 1950, § 8-517; 1954, c. 333; 1964, c. 219; 1977, c. 617; 2000, c. 245; 2003, c. 125.
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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