Suing someone in Virginia is a serious action. Filing a lawsuit for insignificant reasons is not an intelligent move -- and can get your case dismissed by a judge. Bringing about a lawsuit is an action that should be taken only when all other remedies to a problem have been exhausted or failed. Take your time bringing your case together and conduct appropriate research to ensure you contact the right court to handle your case.
Things You'll Need
- Documents and other evidence
- Plaintiff petition form
- Personal Identification
- Defendant information
Bring together all necessary evidence to support your case. Collect all financial documents, written agreements, correspondences and additional information relevant to the issue at hand.
Go to the county court where you reside or where the misdeed took place. Visit the clerk for the small claims court, for example, if your lawsuit involves seeking restitution up to $5,000 or contact the clerk for the general district court, circuit or civil court for tort issues and/or matters exceeding that amount. Avoid contacting Virginia county courts regarding bankruptcy issues and refer these matters to federal bankruptcy court.
Inform the clerk of your desire to file a lawsuit. Fill out the plaintiff petition form and all other documentation required by the clerk. Write out the basis of your claim with detail. Present the clerk with the name and address of the defendant. Pay any and all processing and/or warrant-issue fees -- beginning at $36 -- as required by the clerk.
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