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This form was developed for use in cases where a plaintiff wants to file a civil claim for a judgment for money in the small claims division of the general district court. A case may be filed in the small claims division only when the amount claimed is $5,000 or less.
The judge will give their decision or 'judgment' at the end of the hearing and briefly explain the reasons. If the case is decided without a hearing or one side doesn't attend, the court will send a copy of the judge's reasons to each side. If you win, the judge will order the defendant to pay you.
If the plaintiff is seeking only a money judgment, he or she should prepare and file a warrant in debt (Form DC-402 Warrant in Debt - Small Claims Division) (Instructions for Completing Form DC-402). In preparing a warrant in debt, the claim must specify a dollar amount and the reason for the claim.
A civil action in a general district court may be brought by warrant directed to the sheriff or to any other person authorized to serve process in such county or city, requiring the person against whom the claim is asserted to appear before the court on a certain day, not exceeding sixty days from the date of service ...
If you are an individual and want to file a lawsuit for $10,000 or less, you have the option of filing a small claims case or a limited civil case. If you are a business, you can file in small claims court for $5,000 or less.
The general district court decides civil cases in which the amount in question does not exceed $25,000, except for personal injury and wrongful death cases in which the amount in question does not exceed $50,000.
The small claims division of a district court has the power to hear civil cases in which a party (the plaintiff) is seeking a money amount up to $5,000.
Virginia will only allow a plaintiff to recover for an emotional injury if it is (1) accompanied by a physical injury; or (2) the result of intentional or reckless conduct. While some states allow for recovery for negligent infliction of emotional distress, Virginia does not permit this type of recovery.