Virginia Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in Virginia: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for Virginia
- Small claims limit
- $5,000, exclusive of interest, for money judgments or recovery of personal property (warrant in detinue) valued up to $5,000. Small claims jurisdiction is concurrent with the general district court. Va. Code 16.1-122.2
- Filing fee
- The plaintiff pays the filing fee and any sheriff's service fee at filing; amounts vary by court and can be calculated with the General District Court Civil Filing Fee Calculation system or obtained from the clerk. Va. Code 16.1-122.3; Small Claims Court Procedures (rev. 10/2024)
- Are lawyers allowed?
- No. All parties represent themselves. An attorney may appear only pro se (for themselves) or to remove the case to the regular general district court docket. A party the judge finds unable to participate may be represented by a non-attorney friend or relative who knows the facts. Va. Code 16.1-122.4
- Appeals
- Appeals are taken as in other general district court cases: if the amount in controversy exceeds $20, any party may appeal within 10 days after judgment by filing a Civil Appeal Notice (DC-475) in the general district court, and must post the appeal bond within 30 days. The case is heard de novo (new trial) in circuit court under formal rules. Va. Code 16.1-122.7, 16.1-106
Court: General District Court, Small Claims Division. Last verified: 2026-10-24.
How to file a small claims case in Virginia
- Confirm your claim is $5,000 or less, or for return of personal property worth up to $5,000.
- Complete a Warrant in Debt - Small Claims Division (DC-402) or Warrant in Detinue (DC-404) with the defendant's correct name and street address.
- File it with the general district court clerk, choose a return date at least five days after service, and pay the filing and sheriff's fees.
- The sheriff or a private process server serves the warrant; mail the defendant a copy at least 10 days before court and file a Certificate of Mailing.
- Appear on the return date and present your case yourself; lawyers may not represent parties in small claims.
- Either party may appeal within 10 days for a new trial in circuit court (bond posted within 30 days).
- If unpaid, use interrogatories, an abstract of judgment, a writ of fieri facias or a garnishment summons.
Can you use small claims court?
| Small claims limit | $5,000, exclusive of interest, for money judgments or recovery of personal property (warrant in detinue) valued up to $5,000. Small claims jurisdiction is concurrent with the general district court. Source: Va. Code 16.1-122.2 |
|---|---|
| Who can file | Individuals and businesses may file. A corporation, partnership or LLC appears through an owner, general partner, officer, member or employee. Source: Va. Code 16.1-122.4(A) |
| Are lawyers allowed? | No. All parties represent themselves. An attorney may appear only pro se (for themselves) or to remove the case to the regular general district court docket. A party the judge finds unable to participate may be represented by a non-attorney friend or relative who knows the facts. Source: Va. Code 16.1-122.4 |
Filing your case
| Official forms | Small claims cases in Virginia (up to $5,000, or return of personal property worth up to $5,000) are heard in the small claims division of the General District Court. To ask for money, file a Warrant in Debt (Form DC-402); to get back specific property, file a Warrant in Detinue (Form DC-404). Give the papers and filing fee to the clerk; fees are paid in cash, by certified check or by money order and vary by court. General District Court civil forms can be completed online and printed at vacourts.gov. District court forms: https://www.vacourts.gov/forms/district/home |
|---|---|
| Filing fee | The plaintiff pays the filing fee and any sheriff's service fee at filing; amounts vary by court and can be calculated with the General District Court Civil Filing Fee Calculation system or obtained from the clerk. |
| Serving the defendant | The court has the civil warrant served by the sheriff (or the plaintiff may use a private process server), by personal delivery, delivery to a family member 16 or older at the defendant's home, or posting on the front door. The plaintiff should also mail a copy to the defendant by first-class mail at least 10 days before the first court date and file a Certificate of Mailing (DC-413); if service was by posting, this mailing is required before a default judgment. |
Before and at the hearing
| When the hearing happens | The plaintiff selects the hearing (return) date, with the clerk's agreement, at least five days after service. Source: Va. Code 16.1-122.3 |
|---|---|
| Does the defendant file an answer? | The defendant must appear on the return date; a defendant who was properly served and does not appear may have a default judgment entered. Pleadings are limited to the warrant, the answer, grounds of defense and counterclaims. |
| Counterclaims | A defendant may file a counterclaim of up to $5,000. Source: Va. Code 16.1-122.3 |
| Jury trial | No jury in small claims. The defendant may remove the case to the regular general district court docket at any time before the judge decides (using the removal form on the back of the warrant), and on appeal to circuit court a jury may be requested if the claim exceeds $20. |
| Interpreters | The Judiciary's Foreign Language Services division provides interpretation services; for a court case, contact the clerk's office where the case will be heard. Interpreters and other aids are available for people with disabilities under the ADA at no surcharge. |
After the decision
| Appeals | Appeals are taken as in other general district court cases: if the amount in controversy exceeds $20, any party may appeal within 10 days after judgment by filing a Civil Appeal Notice (DC-475) in the general district court, and must post the appeal bond within 30 days. The case is heard de novo (new trial) in circuit court under formal rules. Bond and form details: https://www.vacourts.gov/static/resources/small_claims_court_procedures.pdf Source: Va. Code 16.1-122.7, 16.1-106 |
|---|---|
| Collecting your judgment | Small claims judgments are collected under general district court procedures: a Summons to Answer Interrogatories (debtor's assets), an Abstract of Judgment recorded in circuit court as a lien on real estate, a Writ of Fieri Facias to sell personal property, and a Garnishment Summons for bank accounts or wages. |
Deadline to sue
5 years for an action on a written contract signed by the party to be charged (or the party's agent), such as a signed written lease. 3 years for an unwritten (oral) contract, or a written contract not signed by the party to be charged. Va. Code Sec. 8.01-246(A)(2), (A)(4)
Official forms and help
Suing a landlord or tenant in Virginia
Virginia small claims is used for security deposit refunds, unpaid rent and damage claims up to $5,000, with each side representing itself. Claims over $5,000 must go to the regular general district court or circuit court.
- Virginia security deposit demand letter (send before you sue)
- Virginia security deposit law
- Tenant lawyers and free legal aid in Virginia
Virginia small claims FAQ
What is the small claims limit in Virginia?
$5,000, exclusive of interest, for money judgments or recovery of personal property (warrant in detinue) valued up to $5,000. Small claims jurisdiction is concurrent with the general district court.
Who can file a small claims case in Virginia?
Individuals and businesses may file. A corporation, partnership or LLC appears through an owner, general partner, officer, member or employee.
Can you bring a lawyer to small claims court in Virginia?
No. All parties represent themselves. An attorney may appear only pro se (for themselves) or to remove the case to the regular general district court docket. A party the judge finds unable to participate may be represented by a non-attorney friend or relative who knows the facts.
How much does it cost to file in small claims court in Virginia?
The plaintiff pays the filing fee and any sheriff's service fee at filing; amounts vary by court and can be calculated with the General District Court Civil Filing Fee Calculation system or obtained from the clerk.
How do I serve the other side in a Virginia small claims case?
The court has the civil warrant served by the sheriff (or the plaintiff may use a private process server), by personal delivery, delivery to a family member 16 or older at the defendant's home, or posting on the front door. The plaintiff should also mail a copy to the defendant by first-class mail at least 10 days before the first court date and file a Certificate of Mailing (DC-413); if service was by posting, this mailing is required before a default judgment.
How long does a small claims case take in Virginia?
The plaintiff selects the hearing (return) date, with the clerk's agreement, at least five days after service.
Does a defendant have to file an answer in Virginia small claims court?
The defendant must appear on the return date; a defendant who was properly served and does not appear may have a default judgment entered. Pleadings are limited to the warrant, the answer, grounds of defense and counterclaims.
Can the defendant file a counterclaim in Virginia small claims court?
A defendant may file a counterclaim of up to $5,000.
Is there a jury in Virginia small claims court?
No jury in small claims. The defendant may remove the case to the regular general district court docket at any time before the judge decides (using the removal form on the back of the warrant), and on appeal to circuit court a jury may be requested if the claim exceeds $20.
Can you appeal a small claims decision in Virginia?
Appeals are taken as in other general district court cases: if the amount in controversy exceeds $20, any party may appeal within 10 days after judgment by filing a Civil Appeal Notice (DC-475) in the general district court, and must post the appeal bond within 30 days. The case is heard de novo (new trial) in circuit court under formal rules.
How do I collect a small claims judgment in Virginia?
Small claims judgments are collected under general district court procedures: a Summons to Answer Interrogatories (debtor's assets), an Abstract of Judgment recorded in circuit court as a lien on real estate, a Writ of Fieri Facias to sell personal property, and a Garnishment Summons for bank accounts or wages.
Can I get an interpreter in Virginia small claims court?
The Judiciary's Foreign Language Services division provides interpretation services; for a court case, contact the clerk's office where the case will be heard. Interpreters and other aids are available for people with disabilities under the ADA at no surcharge.
Where can I get small claims court forms in Virginia?
Small claims cases in Virginia (up to $5,000, or return of personal property worth up to $5,000) are heard in the small claims division of the General District Court. To ask for money, file a Warrant in Debt (Form DC-402); to get back specific property, file a Warrant in Detinue (Form DC-404). Give the papers and filing fee to the clerk; fees are paid in cash, by certified check or by money order and vary by court. General District Court civil forms can be completed online and printed at vacourts.gov.
Small claims limits in all 50 states and DC · Small claims court in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.