Virginia Petition for Civil Support

The small claims court is a special division of the general district court. 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.

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.

They must first sue you, win the lawsuit, and get the court to issue a wage garnishment order against you. Once they jump through all of these hoops, the amount they can garnish is limited to a maximum of 25% of your disposable income.

In most Virginia jurisdictions the fee is $12.00. Alternatively you may hire a private process server to serve the civil warrant on the defendant. Private service is usually more expensive than service by the Sheriff's office.

If the combined family income is $35,000 or greater per month, it falls outside the table and support is based on a percentage of income from 2.6% for one child to 5% for six children. Items that are added to the support obligation include the cost of health insurance and any work-related childcare expenses.

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.

This figure should not exceed 5% of the parents' combined gross income. (Virginia Code § 20-108.2(F)) Insert actual cost or the amount required to provide quality child care, whichever is 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 return of property, fill out a "Warrant in Detinue." 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.