A civil action may be maintained upon any note or writing by which there is a promise, undertaking, or obligation to pay money, if the same be signed by the party who is to be charged thereby, or his agent. The action may also be maintained on any such note or writing for any past due installment on a debt payable in installments, although other installments thereof be not due.
§ 8.01-27.Civil action on note or writing promising to pay money.
Chapter 3. Actions · Article 2. Actions on Contracts Generally · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-27 allows a civil action on any signed note or writing that promises to pay money, and lets a creditor sue over a single past-due installment on an installment debt without waiting for the rest of the debt to come due.
Full Text of § 8.01-27
Plain-English Summary
Section 8.01-27 gives a plaintiff a direct path to sue on a written promise to pay money. Any note or writing containing a promise, undertaking, or obligation to pay money supports a civil action, as long as the person to be charged — or that person’s agent — signed it. The statute does not require any particular form of words; it reaches any signed writing that commits someone to pay.
The second sentence deals with debts payable in installments. A creditor does not have to wait for the whole debt to mature before going to court. If one installment is past due, the creditor can sue on that installment alone, even though later installments have not yet come due. That lets a lender or seller enforce payment as each installment falls into default, rather than holding the entire claim until the final payment date arrives.
Frequently Asked Questions
What kind of document qualifies as a “note or writing” under Section 8.01-27?
Any signed writing containing a promise, undertaking, or obligation to pay money. It need not be a formal promissory note — the statute reaches any writing that commits the signer to pay, as long as the person to be charged, or an agent, signed it.
Can I sue on a note that my agent signed on my behalf?
Yes. The statute covers notes signed by the party to be charged “or his agent,” so a note an authorized agent signed can support a civil action against the person the agent represented.
Do I have to wait until an entire installment debt comes due before I can sue?
No. Section 8.01-27 lets a creditor sue on a single past-due installment even while other installments under the same debt have not yet come due.
Does Section 8.01-27 cover an oral promise to pay money?
No. The statute applies only to a signed note or writing containing the promise. An oral promise to pay falls outside this section, though it may still be enforceable under other contract principles.
Does the writing need to say “promissory note” or use other specific language to qualify?
No. Any writing that contains a promise, undertaking, or obligation to pay money qualifies, regardless of what it is titled or how it is labeled.
Amendment History
Code 1950, § 8-509; 1954, c. 333; 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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