What Is a Small Claims Court in Virginia?
Virginia Small Claims Courts hear and decide civil cases where a plaintiff seeks to recover money or personal property worth $5,000 or less. These courts are special divisions of the state’s General District Courts and are set up to ensure speedy case dispositions. A judge, rather than a jury, hears small claims cases in Virginia.
To be eligible to sue in a Virginia Small Claims Court, a plaintiff must be 18 years or older. It is equally important to file in the proper court location, or the defendant may file for dismissal if the filing was done at the wrong venue. Generally, plaintiffs may file a small claims case in any of the following court locations:
- The district where the defendant lives, works, or does business.
- The district where the property, which is the object of the suit, is located.
- The district where the injury was inflicted or the transaction took place.
To file against a non-person such as a business entity or corporation, the small claims case must be filed in the area where the entity has its principal place of business or office, or resident agent.
According to court statistics published by the Virginia Judicial System, the courts recorded 18,424 small claims filings in 2018. Of this figure, 18,355 cases were filed for a monetary settlement, while 169 lawsuits were filed to recover personal property.
How Does the Virginia Small Claims Court Work?
In Virginia, the process of litigation in the Small Claims Court is different from other state civil courts. Case proceedings are informal, as the strict rules that apply to standard civil cases are more relaxed. For example, judges who preside over small claims cases have the right to admit any evidence that may help reach a fair judgment. In doing this, they may overlook the formal rules of procedure, evidence, and pleading.
Also, litigants in Virginia small claims cases cannot hire an attorney. They must be available in person to defend their case. However, exceptions exist for persons whom the judge believes cannot properly understand the case at hand or present reasonable and valid arguments. In such cases, a non-attorney relative or close friend that is well acquainted with the case may represent them.
Attorneys may only appear in the Small Claims Court as parties to a case, not representatives. They may also appear in a Small Claims Court to remove the case to a superior court. Businesses and corporate entities in a case may be represented by the owner, a general partner, or an officer or staff of the company/corporation.
A small claims litigant desiring to bring witnesses must serve each witness with a subpoena through the sheriff, even if such witness had already agreed to appear in court. The process of subpoenaing a witness involves filing a Request for Witness Subpoena form (Form DC-325) in the court clerk’s office. This subpoena must be sent at least ten days before the trial date.
It is recommended to notify witnesses before they receive the court’s subpoenas. Although this gives them more time to prepare for the court hearing, some witnesses may consider a surprise subpoena invasive and refuse to appear in court. If an important witness who received a summons at least five days before the trial fails to appear at the trial, the judge may grant the request for a continuance from the concerned party. The judge will only allow witnesses to testify after they have been sworn in.
A defendant may remove a small claims case to the General District Court before the final verdict. This process will require submitting the _Removal to General District Court form_located on the back page of the Warrant in Debt form to the court clerk or judge. Once the case is removed, all case proceedings in the Small Claims Court will be halted and moved to General District Court, where both parties can hire an attorney and where all formal court rules apply.
The judge will typically consider the arguments and evidence put forward by both parties in giving a judgment. Parties can also appeal this judgment by filing a Civil Appeal Notice (District Court form DC-475). A party wishing to file an appeal must serve the court this notice within ten days of receiving the judgment. Upon receiving the notice of appeal, the judge will set an appeal bond which the appellant must pay within 30 days of the judgment. Failure to post the bond with the court clerk within the stipulated period will stall the appeal. If the appeal involves a claim above $50, the appellant will have to file the case in the circuit court for a new trial.
At a circuit court appeal hearing, the previously relaxed rules will be enforced according to the court’s rules of procedure and evidence. Here, litigants can hire attorneys to represent them and request a jury trial if the claim exceeds $100.
How to Take Someone to Small Claims Court in Virginia
Individuals, business entities, and corporate bodies may sue and be sued in Virginia’s Small Claims Courts.
To sue individuals, it is important to know their correct legal names and addresses (preferably residential). However, if unable to get a residential address, the plaintiff can use the defendant’s work address instead. Where the claimant does not have an exact address for the defendant, they must serve the court papers on the defendant in person-a typically challenging task for elusive defendants. Nevertheless, the plaintiffs must try to obtain a correct and exact street address. This improves the chances of serving the defendant(s).
To sue businesses operating under fictitious names, the plaintiff may check with the court clerk at a local circuit court. State laws require such firms to file a “fictitious name statement” with the local circuit court. This document will typically contain the legal name and exact physical address of the owners, or their agents.
To find the legal business name and address of a corporation in Virginia, the plaintiff may call the Registered Agent Unit of the State Corporation Commission at (804) 371-9967. The Unit will provide the name of a corporation’s registered agent, which is required to bring a suit against such entities.
A plaintiff seeking only monetary compensation must complete and file a Warrant in Debt form. However, to recover a personal property believed to be unjustly withheld, the party must complete and file a Warrant in Detinue form. The individual will also have to present some information to the clerk of the court, such as:
- The defendant’s legal name and exact current address.
- A statement of the amount of the claim or a description of the personal property and its monetary value.
- The reason for the claim.
The plaintiff must also pay a court filing and service fee with cash, check, or money order. Note that this fee is not the same everywhere. The party must also keep two copies of each paper filed in court, one for themselves and another to be mailed to the defendant.
To avoid claims by defendants saying they did not receive the court documents (the civil warrant), the plaintiff may use first-class mail for service. The party must do this at least ten days before the date of the trial. Then, file a completed Certificate of Mailing form with the court clerk or deliver it to the judge. This will allow them to obtain a default judgment if the defendant fails to show up.
Once the plaintiff files the necessary court papers, the court will send the civil warrant to the sheriff of the defendant’s resident county. The sheriff’s deputy will then serve the documents on the defendants in one of three ways:
- Directly.
- To a member of the defendant’s family (aged 16 and above) at the defendant’s home or frequent place of abode.
- By attaching the civil warrant to the defendant’s front door.
If the sheriff’s office cannot serve the defendant via any of the means above, they will return the papers to the court, along with a statement that service could not be completed. If a private server performed the service and the papers could not be delivered to the defendant, the case cannot proceed. The plaintiff will have to find a better way to reach the defendant.
How Much Can You Sue For in Virginia Small Claims Court?
In the Virginia Small Claims Courts, plaintiffs may sue for money or the return of property worth $5,000 or less. Plaintiffs seeking restitution over this amount must take their suits to the General District Courts.
How to Defend Yourself in Virginia Small Claims Court
A defendant who receives a Warrant in Debt or Warrant in Detinue can either come for the court hearing or not. They also do not have to file a reply before the date of trial. However, attending the trial may be the only way to dispute a claim, as not showing up jeopardizes a person’s claim.
Defendants who have a genuine reason to miss court must contact the court clerk for a trial postponement, known as a continuance. Defendants must also explain their absence and inform the court clerk whether they dispute the plaintiff’s claim. A judge will consider whether to grant the continuance or not.
If a defendant fails to notify the court of their unavailability, the judge may award the claim to the plaintiff. Such a party will be ordered to pay the claim or return the property (if that is the case).
How Long Do You Have to Take Someone to Small Claims Court in Virginia?
Virginia’s statute of limitation laws outline the time within which a case may be initiated in a Small Claims Court. Beyond this period, the case cannot be filed in court. The statute of limitation laws for Virginia small claims cases are as follows:
- Two years for personal injury cases.
- Three years for oral contracts.
- Five years for property damage and written contract cases.
While these timelines are straightforward, the circumstances surrounding a case may warrant that a statute of limitation is paused or that other legal exemptions apply. Hence, it is good to consult an experienced attorney for complicated cases to determine whether the statute of limitations has passed.
What Happens If You Don’t Show Up for Virginia Small Claims Court?
If defendants fail to show up in court after service, the judge may enter a default judgment against them. This judgment is usually in favor of the plaintiff, entered after a judge considers the sufficiency of the plaintiff’s claim and evidence.
However, when the civil warrant was only posted on the defendant’s home front door, the judge will not automatically enter a default judgment. To secure a default judgment in this case, plaintiffs must provide proof that they served the defendant at least ten days before the trial date. Plaintiffs may present the Certificate of Mailing to the judge or mention that they have filed it with the court clerk if they already did.
If a plaintiff fails to show up for the trial, the defendant may request that the judge decide the case in their favor.
What are Virginia Small Claims Court Records?
Virginia Small Claims Court records are documents and information regarding small claim cases that have been decided by the Small Claims Divisions of the General District Courts. These records include case papers, warrants, subpoenas, party information, the amount in contention, and case judgment. These records are available upon request.
Where Can I Find Virginia Small Claims Court Records?
In Virginia, members of the public can obtain Small Claims Court records from a General District Court clerk. Record seekers must provide the clerk with information such as the name of a party to the case, date of filing, and case number to help the court staff find the correct match. In-person record searches may attract a fee that may vary across courthouses.
virginia Court Records are also available remotely through the Virginia Judiciary’s General District Court Case Information System. Users can perform localized records searches using a party name, case number, or filing date for a fee.
Alternatively, independent public records sites also offer court records of small claims cases filed in Virginia. Users can search the database using search queries like a litigant’s name and the exact county where a case was filed.
