Filing a Small Claims Civil Warrant in Virginia

This is one of the procedures covered in Virginia Small Claims: Limits, Filing, and Procedure. The Virginia small claims division uses a single instrument, the civil warrant, instead of the complaint-and-summons sequence other courts use. Below: confirming the claim fits the $5,000 cap set by Va. Code § 16.1-122.2, picking the right general district court, completing form DC-402, paying the fee, and arranging service on the defendant.

Confirm the claim fits in small claims

The small claims division has jurisdiction concurrent with the general district court over a narrow set of money claims, capped at $5,000 exclusive of interest. The cap and the categories come from Va. Code § 16.1-122.2, which cross-references the civil action listed in Va. Code § 16.1-77(1): claims to specific personal property, debt, money, damages for breach of contract, or damages for injury to person or property.

Three boundary conditions block cases that look eligible:

• The claim exceeds $5,000. Filing in small claims for the cap and waiving the excess on the warrant is permanent. General district court itself (jurisdiction up to $50,000 under § 16.1-77) preserves the full claim.
• The relief sought is not money. Eviction, declaratory judgment, injunction, and interpleader belong elsewhere.
• The defendant is the Commonwealth or a state employee acting in official duties. Under Va. Code § 16.1-122.1, the small claims division has no jurisdiction over Virginia Tort Claims Act suits or actions against state officers or employees for claims arising from official duties.

As of 2026, the $5,000 cap in § 16.1-122.2 has not changed since 2006, when the section was last amended. The cap applies only to the amount claimed; filing fees and post-judgment costs are taxed separately.

Pick the right general district court

Virginia’s general venue rules in Va. Code § 8.01-262 govern small claims filings as they do other civil actions in general district court. Venue is typically proper in the county or city where:

• The defendant resides or has principal employment, business operations, or property
• The cause of action arose (for example, where the contract was performed or the injury occurred)
• For consumer transactions, where the goods or services were delivered or performed

When more than one venue qualifies, the plaintiff selects. Filing in the wrong venue is a basis for the defendant to object; the court can transfer the case or dismiss it without prejudice. The Virginia Judicial System maintains a directory of every general district court by locality.

Complete the civil warrant (form DC-402)

A small claims action is commenced by filing a civil warrant under Va. Code § 16.1-122.3(A). The form prescribed by the Supreme Court of Virginia under subsection (D) is DC-402, “Civil Warrant, Small Claims Division.”

The warrant runs two pages. The clerk completes the procedural fields (case number, return date, court information). The plaintiff fills in the parties, the amount claimed, and a short description of the basis for the claim.

1. Identify the parties correctly

   Use legal names. An individual sues in their own name. A business sues in the name of the owner with the trade name attached (“Jane Smith t/a Smith Plumbing”), or in the legal name of the corporation, partnership, or LLC. The name on the judgment must match the defendant’s name on bank accounts, wages, or property; misnaming is the most common reason a judgment is later difficult to collect.

2. State the amount and the reason

   The warrant asks for the dollar amount claimed and a short description of why it is owed. Specific dates, transaction references, and dollar figures are what the form is asking for. Under Va. Code § 16.1-122.3, the warrant is the only document framing the dispute, so vague descriptions like “money owed for services” leave the defendant and the court without enough to work with.

3. Select a hearing date

   The plaintiff selects an initial appearance date on the warrant. Under § 16.1-122.3(B), the date must allow at least five days after service on the defendant. The clerk’s office must concur, and the chief judge of each district can limit how many cases a single plaintiff sets on a given date.

4. Sign and submit

   The plaintiff signs the warrant. The signed form is filed with the clerk along with the filing fee.

No other pleadings (motions, demurrers, discovery requests, briefs) are allowed under § 16.1-122.3(F). The only documents in the case are the warrant, an answer or grounds of defense, and any counterclaim filed by the defendant up to the same $5,000 limit.

File the warrant and pay the fee

Filing happens at the clerk’s office of the general district court for the chosen venue. Most courts accept filing in person at the clerk’s window or by mail. Some districts support electronic filing through the Virginia Judicial System’s case management portals; the clerk’s office confirms what is available.

The filing fee is collected at filing under Va. Code § 16.1-122.3(B) and is taxed as costs in the case. As of 2026, the fee is set by the Committee on District Courts and varies by service method and locality, typically in the range of $46 to $58 for the warrant exclusive of sheriff service. Sheriff service is billed separately, generally about $12 per defendant. The clerk’s office quotes the current amount on filing.

A plaintiff who cannot afford the fee can request a fee waiver. The request is filed with the warrant; the clerk reviews eligibility based on income and household size. Filing the waiver request alongside the warrant prevents the case from being rejected for non-payment while the application is reviewed.

Service on the defendant

A defendant who has not been properly served cannot be required to attend the hearing, and a judgment entered without proper service is not enforceable. Service is what gives the court authority over the defendant in the case.

Under § 16.1-122.3(C), the court directs the issuance of process upon filing. Service is made by the same methods used for civil cases in general district court, primarily sheriff service in the locality where the defendant resides or can be found.

For individuals, the sheriff serves the warrant personally, by substituted service on a family member at least 16 at the defendant’s home, or by posting on the front door. For corporations, LLCs, and partnerships, service is made on the registered agent listed with the Virginia State Corporation Commission; the agent and address can be looked up through the SCC Clerk’s Information System.

The defendant receives a copy of the warrant along with the Committee on District Courts’ preprinted information about the small claims procedure (what the case involves, removal rights, methods of collection, and appeal) under § 16.1-122.3(C).

Between filing and the hearing

After the warrant is filed and served, the case is set for trial on the first return date. There is no discovery, no exchange of exhibit lists, and no pretrial motion practice in small claims. Both sides prepare by gathering documents and witnesses.

The defendant has three options before the hearing:

• Appear and defend. The defendant attends the hearing, presents evidence, and contests the claim on the merits.
• File a counterclaim. A defendant who believes the plaintiff owes them money can file a counterclaim against the plaintiff for an amount up to $5,000 under § 16.1-122.3(F).
• Remove the case. Under Va. Code § 16.1-122.4(B), the defendant has a right to remove the case from the small claims division to the general district court at any time before the judge enters a decision. Removal is the only way for either party to bring an attorney into the trial. The plaintiff has no symmetric removal right.

If the defendant fails to appear and service was proper, the court can enter judgment for the plaintiff after the plaintiff briefly proves the claim. A defendant who never received proper service has a basis to move to set aside the resulting default judgment.