Virginia Small Claims

A small claims court provides a forum through which individuals, contractors, and small business owners can resolve minor monetary disputes. In Virginia, small claims matters are heard in the Small Claims Division of the General District Court (GDC). The informal procedure of the small claims court allows filers to settle disputes quickly and efficiently without hiring a lawyer.

What Is a Small Claims Court in Virginia?

Virginia’s small claims division handles money claims and the return of personal property valued up to the jurisdictional limit. Also, trials in the small claims court are informal, allowing both parties to present documents, receipts, or witnesses to support their claims. The judge may accept any evidence with probative value, even if it does not conform to the formal rules of evidence.

Small Claims Court Limits in Virginia

In Virginia, small claims courts keep their focus on simpler disputes involving money or personal property valued at no more than $5,000. These courts do not handle injunctions or decide landlord-tenant issues, defamation, or family matters.

Generally, attorneys are not allowed in small claims actions, which means that individuals must represent themselves and present their own cases in court. In addition, appeals are filed with the Circuit Court within 10 days, where the dispute will be addressed under formal procedures.

How to File a Small Claims Case in Virginia

To increase your chance of a fair outcome, you must take the right steps while filing your small claims case in Virginia:

Gather adequate details about the defendant

Before filing your case, you must know the right details about the person you are suing. If the defendant is an individual, you must know their current address or work address. To ensure the successful service of the papers, you should include a city, county, zip code, and apartment number.

Moreover, if the defendant is a business trading under an assumed name, you can check with the Clerk of the Circuit Court to see if they have filed a fictitious name statement. This document lists the business owner’s real name and their physical address. However, if the defendant is a corporation and you do not know their address or official name, you may find out by calling the registered agent division of the State Corporation Commission in Richmond at (804) 371-9967.

Prepare your pleading

There are two types of complaints while filing a small claims case in Virginia.If you are seeking only a money judgment, you must file the Warrant in Debt Form and the Warrant in Debt Instructions in the GDC for the city or county where the defendant lives or does business. If you want the return of a specific property that the defendant has refused to return, file the Warrant in Detinue Form and the Warrant in Detinue Instructions.

Complete the form and pay the filing fees

When completing your form, you will need to include key details such as the defendant’s full name, current address, and a clear statement of the claim and the amount sought. You must also pay a filing fee, which may differ based on the court. To estimate this cost, you may use the General District Court Civil Filing Fee Calculation System provided by the Virginia Judiciary.

Serve the defendant properly

After your filing is accepted, the Clerk of the General District Court will fill out the necessary section of the form and forward the warrant to the sheriff’s office in the county where the defendant lives. A sheriff’s deputy will then serve the document by delivering it directly to the defendant or to a member of the defendant’s household who is at least 16 years old.

Prepare your proof and organize exhibits Because trials are streamlined, it is important to bring labeled, chronological evidence and any witnesses. The judge will take testimony under oath and rule based on the evidence presented in court.

Representation rules

In Virginia, all parties are generally required to represent themselves in small claims cases, in accordance with Virginia Code § 16.1-122.4. This provision also creates the exception that a corporation or partnership may appear through an owner, employee, or officer. Additionally, an attorney may then represent the plaintiff or defendant if either party requests that the case be transferred to the regular civil docket.

Small Claims Court in Major Virginia Locations

• Fairfax County GDC: Both Warrant in Debt and Warrant in Detinue are filed for $64, including service costs. The Fairfax County GDC only accepts new filings in person at 4110 Chain Bridge Road, Room 211, Fairfax, VA 22030. Before visiting, you must schedule an appointment with the clerk by calling (703) 246-3012.
• Virginia Beach GDC: The City of Virginia Beach GDC is situated at 2425 Nimmo Parkway, Virginia Beach, VA 23456-9057. Its Civil Division is open to accept small claims filings from 8 a.m. to 4 p.m. on weekdays. Additionally, you can pay the $64 filing fee by cash or money order.
• Prince William County GDC: It costs $50 to file a small claims case without the sheriff service cost in the Prince William County GDC. If you want the sheriff to serve the defendant, you can expect to pay $62.

What to Expect at a Small Claims Hearing in Virginia

During the trial, the judge allows each party to make an open statement, which is a short summary of what they intend to prove. The plaintiff then presents their side of the story along with their evidence and witnesses to support their claim. Throughout this stage, both the judge and the defendant may pose questions to clarify the plaintiff’s evidence or statements.

Once the plaintiff concludes, the defendant is allowed to present their version of events, along with any supporting evidence and witnesses. With the judge’s permission, the plaintiff may also question the defendant or their witnesses. Before the judge issues a decision, both sides may be invited to make a closing statement, summarizing their arguments and explaining why the ruling should favor them.

Appeals and Post-Judgment

• Appeal right & deadline: To appeal a small claims case, you must file Form DC-475 (Civil Appeal Notice) within 10 days, Form DC-460 (Civil Appeal Bond) within 30 days, and pay the Circuit Court filing fee and writ tax. Your case will be treated as a new trial, and you can hire an attorney because of the complicated procedures.
• Collection: If you won the initial proceeding as the plaintiff and the defendant does not pay willingly, you may enforce judgment using any of the following remedies:
  • A summons to Answer Interrogatories
  • Abstract of judgment
  • Writ of Fieri Facias
  • Garnishment summons

How to Search for Small Claims Records in Virginia

General District Court Case Information System – You can search for small claims records by name, case number, or hearing date. The search result includes details such as the case number, parties, events/settings, and case dispositions.

Small claims civil dockets are generally open to the public, although sealed or confidential records will not be displayed online. The clerk’s office maintains the official case file, which serves as the court’s authoritative record. To obtain certified copies of documents, you must make a direct request to the General District Court clerk.