Legal Question in Civil Litigation in Virginia

Re: warrant in debt

Yes, such an attempt to collect a debt

some 13 years old would normally be time barred by now but since it's the Commonwealth the sovereign may have more time by statute to pursue such long past matters. Nevertheless, since the statute of limitations (SOL) is a so-called affirmative defense, you must plead it in your answer to the warrant in debt in order for it to apply to your defense. Even if the SOL which is ordinarily five years for destruction of property were applicable to this particular case, it would've been time barred by around year 1999.

You must, however, make reference to

the SOL in your answer to the Commonwealth's warrant in debt in order to have it to work in your defense, unless, of course, that particular SOL is found not to be applicable to the Commonwealth in this particular situation.

Re: warrant in debt

Follow up to previous posted answer:

Va. Code Section 8.01-231 makes clear that generally the Commonwealth is not within statutes of limitations (including the cause of action referenced in this question), unless there is a specific statute which specifically proclaims otherwise which is not the case with the destruction of property tort action which apparently is applicable to this case.

Your defense to this 13.5 year claim originating with an agency of the Commonwealth will have to be something other than the expiration of the statute of limitations.