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Small claims forms · Virginia

Virginia small claims court forms, filled in for you

Answer a few questions once. Vera fills in the Virginia court's own forms from your answers, walks you through anything left, and gives you one packet to file, with how to file it.

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Sign online where the court accepts it. On paper: Va. Code 8.01-271.1 Forms sworn before a notary or the clerk are still signed by hand.

To sue (you're the plaintiff)

  • Warrant in Debt, Small Claims Division (DC-402)Sign online

    The court's own form (www.vacourts.gov)

    What to know
    • This is the Virginia Judicial System's form. File it in the small claims division of the General District Court. The small claims court hears claims for money when "the amount claimed does not exceed $5,000, exclusive of interest" (Va. Code 16.1-122.2). To get back specific personal property instead of money, the court's form is the Warrant in Detinue, DC-404 (Small Claims Court Procedures, vacourts.gov).
    • File in the city or county where the law allows the case to be brought: venue follows the rules for other civil cases in Chapter 5 of Title 8.01 (Va. Code 16.1-76). The back of the form tells the defendant how to ask to move the case to another city or county (DC-402).
    • Check the top of the form. Vera wrote the city or county before "General District Court" only when your court's name says which, you as plaintiff and the other side as defendant. The form asks for each name as "LAST NAME, FIRST NAME, MIDDLE INITIAL" (DC-402): Vera writes a person's name that way from the name parts you confirmed, and otherwise as you saved it, so correct it if needed. The form has no place for a case number (DC-402).
    • From your answers in Court forms, Vera filled your address and the defendant's address under the names, and the amount you claim "net of any credits". Check them: a post office box alone is not enough for the defendant's address, which is where the warrant is served (DC-402; Small Claims Court Procedures).
    • If you asked for interest, Vera filled the date it runs from and the rate, but the rate only if you gave it as a yearly percentage (the form's blank takes a number): check both. Vera marked the basis of the claim "Open Account" if your claim is an unpaid bill or account, or "Contract" if it is another agreement or contract. For any other claim, mark the box that fits ("Note" for a promissory note; "Other" with an explanation) (DC-402).
    • The form has room for one defendant's name and address. If you are suing a second defendant, ask the clerk how to name them on the warrant before you file (DC-402).
    • Still yours: the court's street address, the interest rate if Vera did not fill it, the costs, and whether the homestead exemption was waived. Then date it and sign it, marking whether you sign as the plaintiff or the plaintiff's employee. Vera fills no date and never signs a form (DC-402; Small Claims Court Procedures).
    • When you file, pay the clerk the filing fee and any sheriff's fee for serving the warrant (Va. Code 16.1-122.3(B)). The amount "may vary, depending upon the court"; the General District Court Civil Filing Fee Calculation system gives it, or ask the clerk (Small Claims Court Procedures). You choose the hearing time with the clerk's agreement, at least five days after the warrant is served (Va. Code 16.1-122.3(B)). The clerk completes the return date, the date issued and the clerk's part (DC-402).
    • The court has the warrant served on the defendant "by the method used in general district court" (Va. Code 16.1-122.3(C)): a deputy sheriff or a private process server gives it to the defendant, or to a family member 16 or older at the defendant's home, or posts it on the front door (Va. Code 8.01-296; Small Claims Court Procedures). Mail the defendant a copy by first-class mail at least 10 days before the court date and file a Certificate of Mailing, DC-413; after posted service, default judgment needs that mailing at least 10 days before (Small Claims Court Procedures; Va. Code 8.01-296).
    • No lawyers: "All parties shall be represented by themselves". A corporation, partnership, limited liability company or other entity may be represented by "an owner, a general partner, an officer, a member, or an employee"; an attorney may do so only when appearing pro se. The defendant may have an attorney only to remove the case to the General District Court (Va. Code 16.1-122.4).
    • The trial is held on the first return date unless all parties agree or the court orders another date (Va. Code 16.1-122.3(E)). The defendant files no separate answer form: the warrant tells the defendant "You are not required to appear; however, if you fail to appear, judgment may be entered against you" and prints "Grounds of Defense" with "ORDERED" and "DUE" blanks for the court; the only pleadings are "the warrant and answer, grounds of defense and counterclaims not to exceed $5,000" (DC-402; Va. Code 16.1-122.3(F)).
    • If the claim is for a residential security deposit: the landlord must give the tenant a written, itemized notice of deductions, with any amount due, within 45 days after the tenancy ends or the tenant moves out, whichever is last; if the landlord willfully fails to comply, the court orders "the return of the security deposit to the tenant, together with actual damages and reasonable attorney fees", unless the tenant owes rent (Va. Code 55.1-1226).

If you were sued (you're the defendant)

  • There is no separate answer form. The Warrant in Debt (DC-402) says: "You are not required to appear; however, if you fail to appear, judgment may be entered against you. By law, this case must be tried on the return date above unless all parties agree upon a different date for trial" (DC-402; Va. Code 16.1-122.3(E)).
  • The only pleadings are "the warrant and answer, grounds of defense and counterclaims not to exceed $5,000" (Va. Code 16.1-122.3(F)).
  • Parties represent themselves. A business may appear through "an owner, a general partner, an officer, a member, or an employee" (Va. Code 16.1-122.4(A)).
  • Before the judge decides, you may remove the case to the general district court by signing the Removal to General District Court notice on the back of the warrant, and you may have an attorney for that purpose (DC-402; Va. Code 16.1-122.4(B)).
  • To ask to move the case to another city or county, follow "Transfer to Another Locality" on the back of the warrant (DC-402).

Checked against the court's own forms and rules. Courts change forms; check with the clerk before you file. This page is general information, not legal advice.