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Rule 4 - Summons (a)Form. - The summons shall be signed by the clerk, bear the seal of the court, identify the court and the parties, be directed to the defendant, and state the name and address of the plaintiff's attorney or, if unrepresented, of the plaintiff.
Under federal law, all civil actions have a filing fee of $400.00. You can pay the filing fee by credit card or money order. Money orders must be payable to "Clerk, U.S. District Court".
Go to the Magistrate Clerk's office in the county where your problem is located and ask for a Civil Complaint. You can also find the Civil Complaint online. Fill in your name and address. Then fill in the defendant's name and address.
Five days' notice is required to the opposing party and the court. Motions may be typed by either party, may be filed on the General Notice and Motion Form or may be filed on one of the appropriate forms provided by the Supreme Court of Virginia (located here).
In West Virginia, small claims court is called magistrate court. You may file in magistrate court on your own for anything that is $10,000 or less.
The circuit court is the trial court with the broadest powers in Virginia. The circuit court handles all civil cases with claims of more than $25,000. It shares authority with the general district court to hear matters involving claims between $4,500 and $25,000.
- Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail, 3 days shall be added to the prescribed period.