All states › Virginia › How to file
Virginia · Filing guide · General District Court, Small Claims Division

How to file a small claims case in Virginia, step by step

Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.

0 of 0 steps done

Before you file

1–3 weeks before filing

Virginia doesn't require a demand letter before filing, but it's a good idea and can be used as evidence.

Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.

In Virginia you can sue for up to $5,000 in the General District Court, Small Claims Division.

Run the 60-second case check to see the last day you can file.

  • The defendant's full legal name (for a company, its registered name)
  • A street address for the defendant, not a P.O. box
  • The registered agent's name and address if suing a company
  • The exact amount, up to $5,000, plus interest and costs
  • A short statement of why the defendant owes you
  • Your own name, address and phone

Copy the exact legal name and the registered agent's address, which is where to serve the company.

Search: Virginia SCC Clerk's Information System (business search).

  • The contract, lease, invoice or receipt
  • Photos of the damage, dated if possible
  • Texts, emails and letters with the other side
  • Two written repair estimates or proof of what you paid
  • Your demand letter and proof it was sent
  • Names and contact details of any witnesses

Fill in the claim

1–2 evenings

DC-402: Warrant in Debt, with the Small Claims box checked (DC-404 Warrant in Detinue to get property back). Get the form.

  • Who: you and the defendant, with full legal names and addresses
  • What: the agreement or event, in 2–4 plain sentences
  • When: the date it happened
  • How much: the exact amount (no more than $5,000) and how you calculated it
  • What you did: when you asked for payment and their response

Sign the warrant as plaintiff; no notary is needed.

Bring the original, one copy for each defendant, and two more: one to keep and one to mail to the defendant.

File and pay

Filing day

Choose how you'll file:

OnlineNot availablePeople without lawyers can't file small claims online in Virginia; file on paper in person or by mail.
In personGo to the civil or small claims clerk at the General District Court, hand in the DC-402, pay the filing and sheriff fees, and choose your court date with the clerk.
By mailMany courts accept filings by mail with a check or money order; call first. Some, like Prince William, require filing in person.

The General District Court in the city or county where the defendant lives or mainly works, where a business has its main office or registered agent, or where the events happened.

About $46 to $55 to file, depending on local add-ons, plus $12 per defendant for sheriff service. For example, Prince William charges $50 and Virginia Beach $52. The state's online fee calculator shows the exact amount for each court. Can't afford it? Ask for a fee waiver: Petition for Proceeding in Civil Case Without Payment of Fees (form DC-409).

The clerk issues the warrant with your court date and sends it to the sheriff. Mail a copy to the defendant at least 10 days before court and file the Certificate of Mailing (DC-413).

Serve the defendant

Right after filing

The sheriff or a private process server serves the defendant, in person, through a family member 16 or older at home, or by posting on the door. Also mail the defendant a copy by first-class mail at least 10 days before court and file a Certificate of Mailing (DC-413).

The defendant must be served at least 5 days before the hearing.

Sheriff's return on the DC-402 and Certificate of Mailing (DC-413)

The sheriff or process server fills in the return; you file DC-413 to prove you mailed a copy.

Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.

Before the hearing

1–4 weeks before

The defendant doesn't have to file an answer and can just come to court. They can file a counterclaim up to $5,000 or move the case to the regular docket.

Put any deal in writing and tell the clerk or judge so the case can be dismissed or entered as an agreed judgment.

Get any settlement in writing, signed by both sides, with the amount and payment date.

A witness who saw what happened is stronger than a written statement; some judges won't accept letters.

File a Request for Witness Subpoena (DC-325) at least 10 days before trial.

  • Three copies of every document: for you, the judge and the defendant
  • A one-page timeline of what happened, with dates
  • A short sheet showing how you calculated the amount
  • Photos printed or ready on your phone (ask the clerk if screens are allowed)

The hearing

Hearing day

  • Arrive early; many cases are set for the same time
  • Bring originals and copies for the judge and the other side
  • Bring witnesses; live testimony is stronger than letters
  • Be ready to prove who is responsible and the exact amount
  • Address the judge as 'Your Honor'

What to say, in about two minutes
  1. Who you are and what you're asking for: the amount.
  2. What the agreement or situation was.
  3. What went wrong, with dates.
  4. What it cost you and how you calculated it, showing your documents.
  5. That you asked for payment and what they said.

Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.

If the defendant was served and doesn't come, the judge can enter a default judgment on your evidence. If you don't come, the judge can rule against you.

After the judgment

Weeks to months

Either side can appeal to Circuit Court if more than $20 is in dispute: file a Civil Appeal Notice (DC-475) within 10 days and post the appeal bond within 30 days. The case is tried again from the start.

If they don't pay, use a Summons to Answer Interrogatories (DC-440), wage or bank garnishment (DC-451), a writ to seize property, or a lien on real estate.

Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.

Free help in Virginia

Virginia Courts Self-Help Center

Ready to start? Check your case and create your demand letter.

Check my caseDemand letter