Step-by-step guide to filing a small claims case in Virginia. Learn the process, required forms, fees, and how to prepare your case — max claim $5,000.
Filing a small claims case in Virginia is designed to be accessible to anyone without a lawyer. Whether you're suing a landlord, contractor, or someone who owes you money, the process follows these key steps. The maximum claim amount in Virginia is $5,000, and cases are heard in the General District Court.
Your claim must be $5,000 or less. File in the General District Court for the city or county where the defendant lives or does business.
Virginia uses a 'Warrant in Debt' (DC-412) for small claims. Get this form at the court clerk's office.
Submit the form to the court clerk. Filing fees range from $26 to $98.
The court issues a summons served by a sheriff. Fees for service are typically $12–$15 per defendant.
Both parties appear on the return date before a judge or substitute judge. Cases are often decided the same day.
If you win, use garnishment of wages or bank accounts to collect if the defendant doesn't pay.
Virginia's General District Court handles claims up to $5,000.
It's the official form used to initiate a small claims case in Virginia. Despite the name, it's simply the standard complaint form.
The court issues a summons and the sheriff serves it on the defendant. You pay a service fee of approximately $12–$15.
Yes, either party can appeal to the Circuit Court within 10 days of judgment.
Return dates (hearings) are typically scheduled 21–30 days after filing.
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