This is an official form from the Virginia Judicial System, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by Virginia statutes and law.
Virginia Warrant In Debt Small Claims Division
State:
Virginia
Control #:
VA-DC-402
Format:
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FAQ
What Happens if a Party Does Not Attend The Hearing? A party who does not wish to attend a small claims trial should write to the court, at least 7 days before the final hearing, asking the judge to decide the case based on their documents.
A judge or magistrate can issue a bench warrant, which allows them to arrest you for your absence. A bench warrant can be issued whether you neglect to appear in court for a criminal charge, failure to pay child support, violating a restraining order, or avoiding a court summons to testify as a witness.
For example, if you are owed money for wages, the Alberta Employment Standards Office may be able to help you. The amount of money you are asking for determines which Court to bring your action in. In the Small Claims Court, your claim must be for $25,000 or less.
To file this lawsuit, you must go to the General District Court Clerk's office. Ask for the proper court form. To sue for money, fill out a "Warrant in Debt." Even though this court form is called a "warrant," it is not used in a criminal case. It is used in a civil (non-criminal) case.
To recover a security deposit. To recover unpaid rent after a tenant vacates a property. To recover for medical bills after an injury accident. To recover money spent to repair or replace damaged or destroyed personal property. To recover a relatively small, unpaid debt.
Service of the warrant must be performed by a proper individual. The plaintiff may not properly serve the civil warrant. You may have a copy of the civil warrant served by the Sheriff's office by paying an additional fee at the time (or when) you file the civil warrant. In most Virginia jurisdictions the fee is $12.00.
To commence an action in small claims court the plaintiff must file a civil warrant. This may be a warrant in debt or warrant in detinue. A warrant in debt1 is a claim for money which must state a specific dollar amount claimed.
If the defendant does not reply to your claim, you can ask the court to enter judgment 'by default' (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). You should do this as soon as possible after the 14 days have passed.