State: Virginia

Time limits for filing a small claims case in Virginia depend on the type of claim, five years for written contracts, three for oral, two for personal injury.

Virginia general district court hears small claims under suspended rules of evidence. This article covers the documents, witnesses, subpoenas, and exhibits that plaintiffs and defendants bring to the hearing.

Where Virginia small claims cases are filed depends on venue rules in Title 8.01 Chapter 5. The proper court is usually the county or city where the defendant lives, where the contract was performed, or where the cause of action arose.

The court fee for filing a Virginia small claims civil warrant is $36, with sheriff service billed separately. Both costs are taxed as costs in the case, and an indigent plaintiff can proceed without paying fees under Va. Code § 17.1-606.

Filing a small claims case in Virginia means filing a civil warrant (form DC-402) at the general district court for the proper venue. The cap is $5,000, and the hearing happens on the first return date, at least five days after service.

Virginia’s small claims division of general district court is a money-only forum capped at $5,000. Parties represent themselves, the rules of evidence step aside, and a defendant can remove to general district court at any time before the judge rules.