Small Claims Court in Loudoun County

In Loudoun County, VA small claims cases are typically filed in the District Court. Loudoun County has one District Courthouse that handles small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Loudoun Court System.

Small Claims Court

In Loudoun County, Virginia, if you need to resolve a civil dispute involving up to $5,000—whether you're seeking money or the return of personal items—you'd go through the small claims division of the General District Court.

This process is designed to be straightforward and informal. Each side represents themselves, and witnesses give their testimony under oath. The judge reviews all relevant evidence without the rigid formalities of other court settings. The aim is to settle these cases fairly and efficiently.

Cases Handled

The Small Claims Court deals with a range of issues, including:

• Disputes between tenants and landlords
• Personal injury claims
• Cases involving stolen property
• Claims for damaged property
• Debt collection matters
• Auto repair problems
• Poor construction work
• Defective products
• Breaches of contracts or verbal agreements

Preparing a Small Claim

1. Before filing a suit, it's essential to have the defendant's current street address. If the defendant is an individual and you don't have their home address, a work address might work, but a home address is preferred. When using a work address, you'll need to serve the papers in person, which can be tricky.
2. To ensure the papers are delivered successfully, provide the court with a complete and accurate street address, including the city or county, zip code, and any apartment number. A post office box alone isn't enough for service.
3. If the defendant is a business—such as a corporation, partnership, or one operating under an assumed name—check with the local circuit court's clerk's office. Businesses using an assumed name must file a "fictitious name statement," which will give you the actual business owner's name, any agent's details, and a physical address. For instance, if John Doe runs "Doe Jewelry," you would file the suit against "John Doe trading as Doe Jewelry."
4. For corporations, you can find the address of the registered agent by contacting the State Corporation Commission in Richmond at (804) 371-9967. They can provide the name and address of the registered agent. When suing a corporation, you would list it as "XYZ Corp., c/o John Doe, Registered Agent, 1402 Fish Lane, Fishtown, Virginia."

Filing a Small Claim

If you're seeking a money judgment, you'll need to file a "warrant in debt." If you're trying to recover specific personal property that the defendant has wrongfully withheld, you'll file a "warrant in detinue."

When you file a suit, you'll need to provide the court clerk with:

• The defendant's name
• The defendant's current address
• For a money judgment case, the amount you're claiming
• For a property recovery case, details of the property and its value
• The reason for your claim
• Funds to cover the filing fee and any sheriff’s fee for serving the warrant

Fees can vary, so check the General District Court Civil Filing Fee Calculation (state.va.us) or ask the clerk about the costs. Fees must be paid in cash, by certified check, or by money order.

In addition to the court copies, make two extra copies of your documents. Keep one for your records and mail the other to the defendant.

It’s also wise to send a copy of the civil warrant by first-class mail to the defendant at least ten days before your court date. Fill out a Certificate of Mailing and give it to the judge on your court date or file it with the clerk's office before the trial. Failing to do this means if the defendant doesn’t show up, you won’t get a judgment on that date, and your case will be delayed until the ten-day notice requirement is met.

Service of Process

After you file your papers, they need to be delivered to the defendant. This can be done by the sheriff’s office in the county or city where the defendant is located, or you can hire a private process server to handle it. The process of delivering these papers is known as "service of process," and it ensures the defendant is officially notified of the lawsuit.

There are a few ways the papers can be served:

• Personal Delivery: The civil warrant is handed directly to the defendant in person.
• Delivery at Home: The papers are given to the defendant or a family member who is 16 or older at the defendant’s home or usual place of residence.
• Posting: The civil warrant is affixed to the front door of the defendant’s usual place of residence.

If the sheriff or process server can't serve the papers using these methods, they will return the papers to the court with a written note stating that the defendant was “not found.” This means the papers were not successfully served. Without proper service, the court can't proceed with your case. In this situation, you'll need to find a better address.

Trial

Trial Procedures

Representation in Small Claims Court

In small claims court, typically everyone represents themselves. However, there are exceptions according to Virginia Code § 16.1-122.4:

1. Corporate or Partnership Representation: If a business (corporation or partnership) is involved, it can be represented by an owner, general partner, officer, or employee. An attorney can represent the business only if they are doing so to move the case to the general district court, not in a regular representative role.
2. Assistance for Inability: If a plaintiff or defendant cannot effectively represent themselves, they may have a friend or relative represent them, provided this person knows the case well and is not an attorney.

Witnesses

• If you plan to call witnesses, you should consider issuing a subpoena, even if they have agreed to attend. Subpoenas ensure witnesses appear and can help avoid delays if they don’t show up voluntarily. If a witness doesn’t appear after being subpoenaed and their testimony is crucial, you can request that the case be rescheduled. Otherwise, the trial will proceed without them.
• To subpoena a witness, you must file a "Request for Witness Subpoena" (Form DC-325) at the small claims division of the clerk’s office at least ten days before your trial date. This allows the witness to receive the subpoena at least five days before the trial. Provide the witness’s name and current address, and pay any additional sheriff’s fees for serving the subpoena.
• It's helpful to notify your witnesses before they receive their subpoenas. Unexpected subpoenas can frustrate witnesses and may make them less cooperative. Let them know why their testimony is important and encourage their voluntary participation. While you can subpoena anyone, a willing witness is often more effective in court.

Trial Process

• The trial in small claims court is informal. Both parties can present evidence, question witnesses, and argue why they should win the case. The judge has the discretion to admit evidence that may not meet all legal standards, but witnesses must be sworn in before testifying. Additionally, certain privileged communications cannot be used in the trial.

Judgment and Appeals

Judgment

• At the end of the case, the judge will issue a judgment in favor of either the plaintiff or the defendant. If the judgment is for the plaintiff, it might be for the exact amount requested, or it could be less. The plaintiff has the burden of proof, meaning they must not only show they are entitled to win but also prove the exact amount they are owed.

Appealing the Judgment

• If the judgment is disputed and the amount in question exceeds $20, the decision can be appealed to the circuit court for a new trial. The appeal will be heard de novo, meaning the case will be considered from scratch as if it were a new trial.
• To appeal, you must file a notice of appeal in the general district court where the original case was heard within ten days of the judgment. You can obtain the required District Court Form DC-475, Civil Appeal Notice, from the clerk's office.
• If you file an appeal, the judge will set an appeal bond. You must post this bond with the court clerk within thirty days of the judgment to perfect your appeal.
• The appeal will be conducted in circuit court with formal procedures, including strict adherence to rules of evidence and procedure. Often, lawyers represent the parties in this setting. If the claim exceeds $20, you may request a jury trial in circuit court.

Removal of the Case

• Before the judge makes a decision, the defendant has the option to "remove" the case from the small claims division to the general district court. To do this, the defendant must fill out the "Removal to General District Court" form, which is available on the back of the Warrant in Debt Form, and submit it to the clerk or judge.
• If the case is removed, it will proceed in the general district court, where formal rules of practice, procedure, pleadings, and evidence apply. In this setting, parties can also be represented by lawyers.

Enforcing the Judgment

Once the court issues a judgment, it means the defendant (now called the judgment debtor) owes the plaintiff (the judgment creditor) a specified amount of money, plus interest. If the defendant does not pay the judgment voluntarily, the plaintiff must take steps to enforce it and collect the owed amount.

To enforce the judgment, the plaintiff can use several legal methods:

• Summons to Answer Interrogatories: This form (Form DC-440) allows the plaintiff to obtain information about the defendant’s assets, which can help in using court collection procedures. For details, refer to Virginia Code § 8.01-506.
• Abstract of Judgment: This can be filed in circuit court to create a lien against the defendant’s real estate. This procedure is outlined in Virginia Code §§ 8.01-458 through 8.01-465.
• Writ of Fieri Facias: This legal order (Writ of Fieri Facias) allows for the sale of the defendant’s personal property at public auction to satisfy the judgment. See Virginia Code §§ 8.01-466 through 8.01-505 for details.
• Garnishment Summons: This form (Form DC-451) can be used to claim funds from the defendant’s bank account or wages. The relevant Virginia Code sections are §§ 8.01-511 through 8.01-525.

The best method to enforce the judgment depends on the assets the defendant has available.

Courthouse Locations:

Loudoun General District Court

20th Judicial District of Virginia
2 Church Street NE
Leesburg, VA 20176-2828
(703) 777-0312
https://www.loudoun.gov/2724/General-District-Court

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 4:00 p.m., except court holidays.

Let Squabble Help You With Your Small Claim at Loudoun County

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Loudoun County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.