Small Claims Court Procedures for Virginia
Individuals can bring small claims suits against another party in Virginia if the value of the damages is less than $5,000. The court hearings are in front of a judge, but the procedure is more informal than in other courtroom settings, because lawyers do not represent the parties in the case. The judge will make a final ruling in a small claims court case but can also refer a case to the higher General District Court.
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Gather Information
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The person bringing suit in a Virginia small claims court needs to have five pieces of information -- the name and address of the defendant, the basis of the suit (why the person is coming to court), the value of the claim, and money to pay for filing fees and for a warrant to be served to the defendant. Filing fees can vary by court.
Choose Court Location
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Small claims court procedures in Virginia take place in the court closest to where the defendant lives, works or where the event in question took place. If the small claims suit pertains to a property manner, the claim should be filed in one of the 32 judicial districts where the property is located.
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Filing Suit
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A plaintiff must fill out a warrant in debt or a warrant in detinue, which describes the claim being brought for the court. This warrant is then sent to the defendant by the court. It also is common for a plaintiff to send the defendant a copy of the warrant by first-class mail and include a certificate of mailing that is given to the judge. This extra step can provide some insurance of the claim for the plaintiff if the defendant does not appear in court.
Court
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The warrant will specify a date and time for the plaintiff and defendant to appear in court. Both parties are given a chance to present evidence, speak to witnesses and speak to the judge. Once a judge enters a judgment, the ruling is final. Appeals are allowed in cases that the value of the claim is greater than $50.
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