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Virginia Small Claims Court




Small Claims Guide
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  • Statues: Virginia Code Annotated, Title 16.1, Ch. 6: Article 1, Section 76; Article 2, Sections 77-78; Article 3, Sections 79- 118.11; Article 5, Sections 122.1-122.7.
  • Dollar Limit: $5,000 (Small Claims Court); $4,500 (General District Court); $15,000 (Circuit Court)
  • Where To Sue: Where defendant resides, is employed or regularly transacts business, or where breach or injury occurred. In suit to recover property, where property is located.
  • Service: Sheriff or disinterested adult.
  • Hearing Date: Set by court.
  • Attorneys: Not allowed unless bringing their own suit or representing defendant in transfer motion.
  • Transfer: Defendant can remove the case to general district court at any time before the decision is handed down.
  • Appeals: By either side for new trial on claims more than $50; to Circuit Court within 10 days of judgment.
  • Special Provisions: Eviction cases allowed. Jury trials are not allowed except on appeals.

    Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This information was last updated in 2009. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.

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