Virginia Small Claims Forms

Virginia Small Claims Court FAQ

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about Virginia Small Claims Forms

  • Can you sue for emotional distress in small claims court?

    Although you can sue for emotional distress in small claims court, it is often challenging to prove your case successfully. Small claims courts typically focus on tangible damages or specific financial losses. If you're considering this route, ensure you have all necessary documentation and fill out your Virginia Small Claims Forms accurately to clarify your claims.

  • What is the best evidence for small claims court?

    The best evidence for small claims court includes documents, photos, and witness statements that support your claim. Always gather as much relevant information as possible, as this strengthens your case. Using Virginia Small Claims Forms can assist you in organizing your evidence clearly and effectively, making your argument more persuasive.

  • Which of the following case types does small claims court not hear?

    Small claims court generally does not hear family law cases, such as divorce or child custody disputes. These cases require different court processes and are usually handled in family court. When preparing your case, using Virginia Small Claims Forms can streamline the process and help ensure you are focusing on the right type of claim.

  • What is the small claims limit in North Carolina?

    The small claims limit in North Carolina is currently $10,000. This means you can bring a claim in small claims court for amounts up to this limit without needing a lawyer. If you need to fill out Virginia Small Claims Forms, these forms may provide helpful guidance on how to proceed with your case effectively.

  • Can you file a lawsuit without a lawyer in Virginia?

    Yes, you can file a lawsuit without a lawyer in Virginia by utilizing Virginia Small Claims Forms. The small claims process is designed to be accessible for individuals who choose to represent themselves. You can complete the forms and submit them to your local court. Make sure to follow the guidelines carefully to ensure your case proceeds smoothly.

  • How long do you have to sue someone in VA?

    In Virginia, the statute of limitations for most small claims cases is typically three years from the date of the incident. However, specific cases, like written contracts, may have different timelines. Ensure you act promptly and utilize the Virginia Small Claims Forms to file your claim within this time frame.

  • What is the minimum amount for small claims court in Virginia?

    There is no strictly defined minimum amount to file in small claims court in Virginia, but typically, claims under $50 may not be worth pursuing due to filing costs. It's crucial to evaluate whether the amount you seek justifies pursuing the claim. Virginia Small Claims Forms can help clarify the process, regardless of your claim size.

  • How much can you sue for in small claims court in Virginia?

    In Virginia, the maximum amount you can sue for in small claims court is generally $5,000. However, if your case involves a specific type of dispute, you might find that the limit varies. Regardless, using Virginia Small Claims Forms helps ensure you file correctly within this financial framework.

  • How to represent yourself in small claims court?

    To represent yourself in small claims court, start by researching Virginia Small Claims Forms and relevant local laws. Prepare your argument clearly, gather evidence, and practice your presentation, as this will help bolster your case. Stay calm and organized, and be prepared to answer any questions the judge may have.

  • Is it worth going to small claims court for $500?

    Deciding whether to pursue $500 in small claims court depends on your individual situation. If the amount owed directly impacts your finances or if you believe you have a strong case, it may be worth it. Utilizing Virginia Small Claims Forms can streamline your efforts and improve your chances of a favorable outcome.