Get VA DC-440 2017-2023

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.

If your lawsuit is for more than $200, the filing fee is $26, plus $12 for each person or business you are suing. If your lawsuit is for $200 or less, the filing fee is $21, plus $12 for each person or business you are suing. If you win the judgment will include your filing & service fees.

It begins with a complaint, and the entire process has been designed to bring out facts so that each side can show the court their version of events. The court will decide who is right or who is wrong, will apportion blame and responsibility, and try to make the other party whole to the extent that it is possible.

Proceedings by interrogatories. Whenever a fieri facias has been issued upon a judgment rendered in a general district court the judge or clerk of the court may issue the summons provided for in § 8.01-506.

General District Court General district courts have exclusive authority to hear civil cases with claims of $4,500 or less and share authority with the circuit courts to hear cases with claims between $4,500 and $25,000, and up to $50,000 in civil cases for personal injury and wrongful death.

In civil cases, the plaintiff must prove his/her contentions by a preponderance or greater weight of evidence.

Writ of Fieri Facias (Fi Fa) This writ is designed to help a plaintiff obtain sufficient money out of the assets held by the defendant to pay a money judgment in favor of the plaintiff and against the defendant at the option of the plaintiff.

A Summons to Answer Interrogatories is directed to an individual judgment debtor, directing him or her to appear before the court or a Commissioner in Chancery, to answer questions concerning the type, amount, and location of all assets, real and personal, in which the judgment debtor has an interest.

A warrant in debt serves as an expedited motion for judgment in Virginia. It acts as (1) a summons appear before the appropriate GDC on the date listed to dispute the claim and/or (2) notice that if you do not appear, formal judgment may be entered against you in the amount claimed.

The small claims court has jurisdiction (the authority to hear and decide a particular type of case) over civil cases in which the plaintiff is seeking a money judgment up to $5,000 or recovery of personal property valued up to $5,000.