Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.
1–3 weeks before filing
Virginia doesn't require a demand letter before filing, but it's a good idea and can be used as evidence.
Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.
In Virginia you can sue for up to $5,000 in the General District Court, Small Claims Division.
Run the 60-second case check to see the last day you can file.
Copy the exact legal name and the registered agent's address, which is where to serve the company.
Search: Virginia SCC Clerk's Information System (business search).
1–2 evenings
DC-402: Warrant in Debt, with the Small Claims box checked (DC-404 Warrant in Detinue to get property back). Get the form.
Sign the warrant as plaintiff; no notary is needed.
Bring the original, one copy for each defendant, and two more: one to keep and one to mail to the defendant.
Filing day
Choose how you'll file:
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.
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. Can't afford it? Ask for a fee waiver: Petition for Proceeding in Civil Case Without Payment of Fees (form DC-409).
The clerk issues the warrant with your court date and sends it to the sheriff. Mail a copy to the defendant at least 10 days before court and file the Certificate of Mailing (DC-413).
Right after filing
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.
Sheriff's return on the DC-402 and Certificate of Mailing (DC-413)
The sheriff or process server fills in the return; you file DC-413 to prove you mailed a copy.
Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.
1–4 weeks before
The defendant doesn't have to file an answer and can just come to court. They can file a counterclaim up to $5,000 or move the case to the regular docket.
Put any deal in writing and tell the clerk or judge so the case can be dismissed or entered as an agreed judgment.
Get any settlement in writing, signed by both sides, with the amount and payment date.
A witness who saw what happened is stronger than a written statement; some judges won't accept letters.
File a Request for Witness Subpoena (DC-325) at least 10 days before trial.
Hearing day
Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.
If the defendant was served and doesn't come, the judge can enter a default judgment on your evidence. If you don't come, the judge can rule against you.
Weeks to months
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.
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.
Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.