Any pecuniary claim authorized to be presented under §§ 2.2-814 and 2.2-815 shall be barred unless presented in writing to the comptroller or other authorized person no later than five years after the right to such claim shall arise. If such claim be not thus barred, any action thereon against the Commonwealth must be brought no later than three years after disallowance of such claim in whole or in part.
§ 8.01-255.Time for presenting claim against Commonwealth.
Chapter 4. Limitations of Actions · Article 5. Miscellaneous Limitations Provisions · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-255 requires a pecuniary claim against the Commonwealth to be presented in writing within five years after it arises, and then requires any resulting lawsuit on a disallowed claim to be filed within three years after that disallowance.
Full Text of § 8.01-255
Plain-English Summary
Section 8.01-255 sets a two-stage deadline for pursuing money claims against Virginia’s government. First, a pecuniary claim of the kind authorized to be presented under §§ 2.2-814 and 2.2-815 must be presented in writing to the comptroller or other authorized official no later than five years after the right to the claim arises. Miss that five-year presentment deadline, and the claim is barred outright before litigation even becomes an option.
If the claim is presented in time and not barred, a second deadline kicks in for going to court. Any action on the claim against the Commonwealth must be brought no later than three years after the claim is disallowed, in whole or in part. That structure means a claimant has to clear the administrative presentment stage first, and then still watch a separate, independent clock for filing suit once the government rejects the claim.
Frequently Asked Questions
How long does someone have to present a pecuniary claim against the Commonwealth of Virginia?
Five years after the right to the claim arises, under Section 8.01-255, presented in writing to the comptroller or other authorized person.
What happens after a claim against the Commonwealth is presented but then disallowed?
Any action on the claim must be brought no later than three years after the disallowance, in whole or in part, of the claim.
What kind of claims does this section cover?
Pecuniary claims authorized to be presented under §§ 2.2-814 and 2.2-815.
What happens if a claim is not presented within the five-year period?
The claim is barred, according to the section’s own terms, unless it is presented in writing within that five years.
Does the three-year period to sue run from when the claim arose, or from when it was disallowed?
From disallowance of the claim, in whole or in part, not from when the underlying claim first arose.
Amendment History
Code 1950, § 8-752; 1966, c. 452; 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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