How do I file a small claims case in Virginia to get money someone owes me?
In Virginia, money-claim cases for $5,000 or less are handled in the small claims division of the general district court. A plaintiff starts the case by filing a small claims civil warrant with the court clerk, paying the required filing fee, and selecting a hearing date. The court will then serve the defendant with the warrant and related information. Trials are conducted on the first return date unless the parties or the court change it.
The small claims court uses streamlined procedures: the only pleadings are the warrant and the defendant's answer, and defendants may assert counterclaims up to $5,000. If neither party appears, or if only the defendant appears in certain ways, the court must dismiss or enter judgment as set out in the court rules, and judgments are collected following general district court procedures.
Current Virginia law
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The deadline that matters
The hearing must be set for at least five days after service of the warrant.
What Virginia law says
The small claims division handles civil actions where the amount claimed does not exceed $5,000, exclusive of interest, under Va. Code § 16.1-122.2. Actions are commenced by filing a small claims civil warrant and paying the filing fee, and the plaintiff selects a hearing time at filing under Va. Code § 16.1-122.3. The court causes notice to be served on the defendant by general district court methods and may provide preprinted information about procedures and appeals under Va. Code § 16.1-122.3. Appeals follow the general district court appeal process under Va. Code § 16.1-122.7, and judgment and collection follow general district court procedures under Va. Code § 16.1-122.6. Court rules specify required language and procedures for warrants, setting trial dates, and consequences when parties do not appear: see Va. Sup. Ct. R. 7B:3 and Va. Sup. Ct. R. 7B:8. Rules on counterclaims and cross-claims timing and response are in Va. Sup. Ct. R. 3:9 and Va. Sup. Ct. R. 3:10.
What to do
A common first step is to complete and file a small claims civil warrant with the general district court clerk and pay the required filing fee.
A common next step is to choose a proposed hearing date at filing; the court will schedule a hearing at least five days after the defendant is served.
A common preparatory step is to gather and organize evidence and fill out an evidence checklist to bring to the hearing.
A common option is to prepare for possible defenses or counterclaims, since the defendant may file an answer or a counterclaim within the time allowed by court rules.
A common post-judgment step is to follow the general district court procedures for judgment collection if the court enters judgment in your favor.
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Common questions
How much can I sue for in Virginia small claims court?
The small claims division has jurisdiction over civil claims where the amount claimed does not exceed $5,000, exclusive of interest, under Va. Code § 16.1-122.2.
What happens after I file the warrant?
After filing the small claims civil warrant and paying fees, the court causes notice to be served on the defendant and schedules the hearing; the plaintiff selects a time which must be at least five days after service, as described in Va. Code § 16.1-122.3.
Can the defendant file a counterclaim?
Yes, defendants may assert counterclaims; court rules set timing and response periods for counterclaims and cross-claims, including Va. Sup. Ct. R. 3:9 and Va. Sup. Ct. R. 3:10.
What if neither party appears at the hearing?
If neither the plaintiff nor the defendant appears, the court must dismiss the action without prejudice, and other appearance scenarios are governed by Va. Sup. Ct. R. 7B:8.
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This is legal information, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
