A landlord kept your deposit, a contractor walked off the job, a dry cleaner ruined your coat. In Virginia you can sue for up to $5,000 in the General District Court, Small Claims Division, without hiring a lawyer. Check your case below, then follow six steps.
Answer a few questions. The result updates as you type.
Virginia doesn't require a demand letter before filing, but it's a good idea and can be used as evidence. A short, dated demand letter is the best proof. Use the generator below and keep a copy.
The General District Court in the city or county where the defendant lives or mainly works, where a business has its main office or registered agent, or where the events happened.
Warrant in Debt, with the Small Claims box checked (DC-404 Warrant in Detinue to get property back). You pick the court date with the clerk when you file, between 5 and 60 days after service; expect about 3 to 8 weeks.
About $46 to $55 to file, depending on local add-ons, plus $12 per defendant for sheriff service. For example, Prince William charges $50 and Virginia Beach $52. The state's online fee calculator shows the exact amount for each court. If you can't afford it, ask for a fee waiver: Petition for Proceeding in Civil Case Without Payment of Fees (form DC-409).
The sheriff or a private process server serves the defendant, in person, through a family member 16 or older at home, or by posting on the door. Also mail the defendant a copy by first-class mail at least 10 days before court and file a Certificate of Mailing (DC-413). The defendant must be served at least 5 days before the hearing.
Bring receipts, photos, texts, the contract and your demand letter, with three copies of each. If they don't pay, use a Summons to Answer Interrogatories (DC-440), wage or bank garnishment (DC-451), a writ to seize property, or a lien on real estate.
Want every detail? The full filing guide walks you through all 7 stages, from finding the defendant's legal name to collecting your money, with a checklist.
Open the filing guideFill in the details, then download the letter as a PDF or Word file, or copy the text. Send it by certified mail or email so you can prove the date.
Miss this date and the court will dismiss your case, however strong it is. The 5-year written-contract deadline applies only if the defendant signed it; otherwise it's 3 years. Fraud runs from when it was discovered.
| Type of claim | Deadline |
|---|---|
| Broken written contract (lease, invoice, signed agreement) | 5 years |
| Broken verbal agreement | 3 years |
| Damaged property | 5 years |
| Personal injury | 2 years |
| Fraud | 2 years |
| Libel or slander | 1 year |
| Claims against a government agency | Small claims court can't hear suits against the Commonwealth or state employees over their official duties. |
Generally both sides speak for themselves and lawyers can't represent anyone. A business can send an owner, officer, member or employee.
Small claims court hears claims for money or the return of property worth up to $5,000, not counting interest. Bigger claims, up to $50,000, go on the regular General District Court docket, where lawyers and formal rules are allowed. Otherwise, you can give up the amount above the limit, or file a regular civil case where the rules are stricter.
Either side can appeal to Circuit Court if more than $20 is in dispute: file a Civil Appeal Notice (DC-475) within 10 days and post the appeal bond within 30 days. The case is tried again from the start.
The court can appoint an interpreter; ask the clerk early. Aids for hearing, speech or vision disabilities are free.