RulesofCivilProcedure.com Civil Procedure · Every State

§ 8.01-465.26.(Effective July 1, 2027) Definitions.

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 defines the terms anchoring Chapter 17.4's consumer-protection scheme for default judgments, including “consumer debt,” “creditor,” “charge off,” “outstanding balance,” and “default,” setting up who and what transactions the chapter's complaint and notice requirements reach.

Full Text of § 8.01-465.26

Text size

For purposes of this chapter, unless the context requires a different meaning:
"Charge off" means a creditor's removal of a consumer debt as an asset from the creditor's financial records.
"Complaint" means a warrant in debt or civil claim filed to recover a consumer debt according to the jurisdictional amount.
"Consumer" means an individual named as a defendant in an action for collection of consumer debt.
"Consumer debt" means an obligation or alleged obligation of an individual to pay money that arises out of a transaction in which the money, property, insurance, or service that is the subject of the transaction is primarily for a personal, family, or household purpose.
"Creditor" means a person to which a consumer debt is owed at the time of the charge off or, if the consumer debt was not charged off, at the time of default. "Creditor" includes a person that acquired charged-off debt as an incidental part of acquiring a portfolio of debt that is predominantly not charged off, provided that the acquirer is the person to whom the debt was owed at the time of charge off, or if the debt was not charged off, at the time of default.
"Default" means, except as used in the term default judgment, a failure to satisfy a consumer debt that gives rise to an action to which this chapter applies.
"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
"Finance charge" means the same as that term is defined in § 106 of the Truth in Lending Act, 15 U.S.C. § 1605.
"Outstanding balance" means the amount owed on a consumer debt (i) at the time of the charge off or, if the consumer debt was not charged off, at the time of default or (ii) after disposition of property that secured the debt.
"Person" means an individual, estate, business or nonprofit entity, government or governmental subdivision, agency, or instrumentality or other legal entity.
"Record" means information (i) inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in perceivable form.
"Secured consumer debt" means consumer debt secured by real or personal property.
"Sign" means, with present intent to authenticate or adopt a record, to (i) execute or adopt a tangible symbol or (ii) attach to or logically associate with the record an electronic symbol, sound, or process.
"Unsecured consumer debt" means a consumer debt not secured by real or personal property.

Plain-English Summary

Chapter 17.4 takes effect July 1, 2027, and this section supplies the vocabulary the rest of the chapter builds on. At the center is “consumer debt” — an obligation or alleged obligation of an individual to pay money arising from a transaction where the money, property, insurance, or service involved was primarily for a personal, family, or household purpose. The individual on the hook for that debt is the “consumer.”

Several terms track the debt's history over time. “Charge off” describes a creditor removing the debt as an asset from its own books; “default” describes a failure to satisfy the debt that gives rise to a covered action; and “outstanding balance” is the amount owed at charge off or default, or after disposing of property that secured the debt. “Creditor” is defined by reference to that same timeline — the person to whom the debt was owed at charge off, or at default if it was never charged off — and the definition reaches a debt buyer that picked up the charged-off debt only incidentally, as part of acquiring a larger portfolio that was predominantly not charged off, as long as that buyer was the person owed the debt at the relevant moment.

The remaining terms round out the chapter's mechanics: “finance charge” borrows its meaning from the federal Truth in Lending Act, “secured consumer debt” and “unsecured consumer debt” split debts by whether property backs them, and “record” and “sign” accommodate electronic documents and signatures alongside paper ones.

Frequently Asked Questions

What is “consumer debt” under this chapter?

An obligation or alleged obligation of an individual to pay money that arises out of a transaction where the money, property, insurance, or service involved was primarily for a personal, family, or household purpose.

Who counts as a “creditor” under this chapter?

The person to whom the consumer debt was owed at the time of charge off, or at the time of default if it was never charged off, including a debt buyer that acquired the charged-off debt as an incidental part of acquiring a larger portfolio that was predominantly not charged off, provided the buyer was the person owed the debt at charge off or default.

What does “charge off” mean?

A creditor's removal of a consumer debt as an asset from the creditor's financial records.

How does this chapter define “default”?

Except as used in the term “default judgment,” a failure to satisfy a consumer debt that gives rise to an action to which this chapter applies.

What is the difference between “secured consumer debt” and “unsecured consumer debt”?

Secured consumer debt is secured by real or personal property, while unsecured consumer debt is not.

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 uniform consumer debt default judgments act definitionsconsumer debt definition virginia codecharge off definition virginia consumer lawdebt buyer creditor definition virginia consumer debt