Virginia Small Claims Court: Where to File
Small Claims Court is for people who wish to file a lawsuit against another party for damages of less than $5,000. Small Claims Court cases are an informal procedure and take place without attorneys representing the parties. A judge will rule in Small Claims Court cases but can refer a case to General District Court any time before a decision is made.
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Type of Court
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Small claims lawsuits can be brought to Small Claims Court, General District Court or Circuit Court. Parties may bring attorneys for suits brought in General District or Circuit court. General District Court cases are for suits up to $4,500; for larger suits (between $4,500 and $15,000), either court can be used.
Claim information
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To bring a small claims suit the plaintiff needs to have five things: name of defendant, address of defendant, amount of claim, basis of claim and enough money to pay the filing fee and for an officer to serve a warrant. Filing fees vary by court. Plaintiffs may also want to send a copy of the warrant to the defendant by first-class mail at least 10 days before the court date and should fill out a Certificate of Mailing that is delivered to the judge. This protects the plaintiff if the defendant does not appear in court.
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Location
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The suit should be filed in the court nearest to where the defendant lives, works or where the alleged event happened. If the suit involves property, it should be filed in the locality where the property is located.
Find Nearest Court
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There are 32 judicial districts in Virginia. Each court has a website that includes the court's hours, address and phone number and court schedules. Courts typically hear small claims cases only on certain days and times.
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References
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