Small Claims Court in Virginia Beach

In Virginia Beach, VA small claims cases are typically filed in the District Court. Virginia Beach 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 Virginia Beach Court System.

Small Claims Court

Small Claims Court is a part of Virginia’s General District Court system, created under Virginia Code §16.1-122.1. It handles civil cases where the plaintiff is asking for a monetary judgment of $5,000 or less (not including interest).

Helpful Tips for Success

If your court papers indicate “trial on return date,” be ready for trial on your very first court date. Here's how to prepare:

• Bring Witnesses: If you have witnesses, make sure they’re subpoenaed and present on the trial date.
• Prepare Your Exhibits: Gather all physical evidence, such as documents, photos, drawings, or repair estimates, and have them ready to present.
• Document Your Damages: If you're seeking damages, create an itemized list of all claimed damages. Make two copies, with each item numbered and a dollar amount listed next to its description.

Cases Handled

Small Claims Court is designed to resolve a variety of everyday disputes quickly and affordably. Some common issues include:

• Tenant-Landlord Disputes: Issues like security deposits or unpaid rent.
• Personal Injury Claims: Cases involving minor injuries.
• Stolen Property: Claims to recover the value of lost or stolen items.
• Damaged Property: For example, damage to a car, home, or belongings.
• Debt Collection: Attempts to recover unpaid debts.
• Auto Repair Disputes: Disagreements over repair costs or poor workmanship.
• Poor Construction Work: Issues with contractors or construction projects.
• Defective Products: Claims for faulty or unsafe items.
• Breach of Contract: Disputes over written or verbal agreements.

Preparing a Small Claim

Before Filing Your Suit: Gathering the Defendant's Information

To file a lawsuit, you'll need the defendant's current street address to ensure the court can deliver the papers. Here’s what to know:

For Individuals

• A home address is preferred, but a work address may also work if needed.
• Serving papers in person at a work address can be more challenging, so accuracy is crucial.
• Provide the court with the full street address, including the city or county, zip code, and apartment number (if applicable). A post office box is not enough.

For Businesses

• If the defendant is a business operating under a different name (e.g., “Doe Jewelry”), check with the local circuit court's Clerk’s Office for the "fictitious name statement."
  • This will list the business owner’s name, any registered agent, and a physical address.
  • For example, if John Doe owns “Doe Jewelry,” the suit should name: “John Doe trading as Doe Jewelry.”
• For corporations, contact the State Corporation Commission in Richmond at (804) 371-9967 to get the name and address of the registered agent.
  • Example: For “XYZ Corp.,” you would list: “XYZ Corp., c/o John Doe, Registered Agent, 1402 Fish Lane, Fishtown, Virginia.”

Filing a Small Claim

When filing a lawsuit, the process and paperwork depend on the type of claim:

Type of Claim

• Money Judgment: Use a Warrant in Debt to claim a specific dollar amount.
• Property Recovery: Use a Warrant in Detinue if you’re seeking to recover personal property wrongfully withheld by the defendant.

What You’ll Need to File

1. Defendant’s Information:
   • Full name
   • Current address
2. Details of Your Claim:
   • For money claims: The exact amount you’re seeking.
   • For property recovery: A description of the property and its value.
   • A clear reason for your claim.
3. Filing Fees:
   • Pay the filing fee and any sheriff’s fee for serving the warrant.
   • Fees vary, so check the General District Court Civil Filing Fee Calculator or ask the clerk for details.
   • Payment methods: Cash, certified check, or money order.
4. Copies of Documents:
   • Make two extra copies of all court documents.
     • One for your records.
     • One to mail to the defendant.

Notifying the Defendant

• Send a copy of the civil warrant to the defendant by first-class mail at least 10 days before your court date.
• Fill out a Certificate of Mailing and:
  • File it with the clerk before the trial, or
  • Bring it to the judge on your court date.

Important: If you don’t mail the copy and file the Certificate of Mailing, and the defendant doesn’t show up in court, you won’t get a judgment that day. Your case will be delayed until the 10-day notice is completed.

Final Tip

Double-check all your paperwork for accuracy and ensure you meet the court’s deadlines. This will help avoid unnecessary delays in your case.

Cost to File Civil Papers

The cost of filing civil papers, such as motions, third-party motions, warrants in debt, unlawful detainers, and warrants in custody, depends on the amount in controversy. Here’s the breakdown:

• Filing fee: $52
• *Service fee: $12 for each person being served

To estimate the total cost, you can use the court's civil fee calculator.

How to File Civil Papers

1. For Debts (Not Rent):
   • Complete a Warrant in Debt form.
   • Choose a court date 30 to 45 calendar days from the date you file.
   • Forms are available at the Clerk's Office or can be requested by mail.
   • File your paperwork with the Clerk's Office either in person or by mail.
2. For Rent Owed:
   • Fill out a Summons for Unlawful Detainer form.
   • Choose a court date 18 to 21 days from when you complete the form.
   • Forms are also available at the Clerk's Office or by mail.
   • Submit your filing at the Clerk's Office in person or by mail.

Payment and Document Request Instructions

If you're submitting payment or requesting documents from the Virginia Beach General District Court, here's what you need to know:

• Accepted Payment Methods
  • Checks or Money Orders:
    • Must be drawn from a Virginia bank.
    • Make checks payable to Virginia Beach General District Court.
• Information to Include
  • When submitting your payment or document request, be sure to include the following:
    1. Defendant's or Plaintiff's Full Name
    2. Case Type
    3. Case Number
    4. Court Date

Additionally, enclose a stamped, self-addressed envelope to facilitate the return of documents.

Processing Time

• Please allow approximately two weeks for the court to research and mail the requested documents.
• Online Case Information
  • You can also access case details through the Virginia Supreme Court's online portal, which provides easy access to Virginia Courts Case Information. You can search by:
    • Name
    • Case Number
    • Hearing Date

Service of Process

Delivering Court Papers to the Defendant

Once you file your lawsuit, the court papers must be officially delivered to the defendant, a process called "service of process." This step ensures the defendant is properly notified about the case. Here’s how it works:

Methods of Service

1. Personal Delivery
   • The sheriff or a private process server hands the papers directly to the defendant.
2. Delivery at Home
   • Papers are given to the defendant or a family member (16 years or older) at the defendant’s home or usual place of residence.
3. Posting
   • If no one is available, the papers can be attached to the front door of the defendant’s residence.

Who Handles Service?

• Sheriff’s Office: Located in the county or city where the defendant lives.
• Private Process Server: You can hire someone licensed to handle service if preferred.

What Happens If Service Fails?

If the sheriff or process server is unable to deliver the papers, they will return them to the court with a note stating the defendant was “not found.” This means:

• The court cannot proceed with your case until the defendant is properly served.
• You will need to:
  • Provide a new address for the defendant, or
  • Consult with an attorney for further options. Tip: Make sure the address you provide is accurate and up-to-date to avoid delays in your case.

Trial

Representation in Small Claims Court

In most cases, individuals represent themselves in small claims court. However, there are a few exceptions under Virginia Code § 16.1-122.4:

• Businesses (Corporations or Partnerships):
  • May be represented by an owner, general partner, officer, or employee.
  • Attorneys are allowed only if they are involved in transferring the case to the general district court.
• Assistance for Special Circumstances:
  • If a plaintiff or defendant cannot represent themselves effectively, a friend or relative (not an attorney) may represent them, provided they are familiar with the case.

Witnesses

Witness testimony can significantly strengthen your case. Here’s what you need to know:

• Voluntary vs. Subpoenaed Witnesses:
  1. While witnesses may agree to appear, it’s wise to issue a subpoena to ensure they attend.
  2. If a crucial subpoenaed witness doesn’t appear, you can ask the court to reschedule.
• How to Subpoena a Witness:
  1. File a "Request for Witness Subpoena" (Form DC-325) at the clerk’s office at least 10 days before the trial date.
  2. Include the witness’s name and current address.
  3. Pay any additional sheriff’s fees for delivering the subpoena.
  4. Ensure the witness receives the subpoena at least five days before the trial.
• Pro Tip: Notify witnesses before they receive their subpoena. Let them know why their testimony is important to the case. A cooperative and informed witness is more effective in court.

The Trial Process

Small claims trials are straightforward and informal.

• What to Expect:
  • Each side presents evidence, questions witnesses, and explains their case to the judge.
  • The judge has discretion to admit evidence even if it doesn’t meet strict legal standards.
• Important Notes:
  • Witnesses must be sworn in before testifying.
  • Certain privileged communications (e.g., attorney-client) cannot be used in the trial.

Final Tip for Success

Prepare thoroughly. Bring all evidence, know your arguments, and ensure your witnesses are ready. The informal setting allows you to focus on the facts of your case and present your side clearly and confidently.

Judgment and Appeals

Judgment

At the end of the trial, the judge will issue a judgment for either the plaintiff or the defendant:

• For the Plaintiff:
  • The judge may award the full amount claimed or a reduced amount, depending on the evidence presented.
  • The plaintiff has the burden of proof, meaning they must:
    • Prove they are entitled to win, and
    • Provide evidence supporting the exact amount owed.
• For the Defendant:
  • If the plaintiff fails to meet their burden of proof, the judgment will favor the defendant.

Appealing the Judgment

If either party disagrees with the judgment and the amount in question is more than $20, they can appeal the decision to the circuit court.

• Key Steps for an Appeal:
  1. File a Notice of Appeal:
     • Submit the Civil Appeal Notice (Form DC-475) at the general district court within 10 days of the judgment.
     • The form is available at the clerk’s office.

2. Post an Appeal Bond:
   • To move forward with the appeal, the court will require you to post an appeal bond.
   • This must be paid to the court clerk within 30 days of the judgment to finalize (“perfect”) the appeal.
3. Understand the Circuit Court Process:
   • The appeal will be heard de novo, meaning it starts fresh, as if the small claims trial never happened.
   • Circuit court trials follow formal rules of evidence and procedure, unlike the more informal small claims court.

Representation in Circuit Court:

• Legal representation is often recommended, as the process is more complex. While you can represent yourself, many parties choose to hire an attorney for appeals.

Final Tip:

• If you plan to appeal, act quickly to meet all deadlines and ensure you understand the rules for the circuit court. Missing deadlines or failing to post the bond will result in losing the right to appeal.

Removal of the Case

Defendant’s Option to Move the Case to General District Court

Before the judge in a small claims court makes a decision, the defendant has the right to "remove" the case to the general district court for a more formal process.

How to Remove the Case

1. Complete the Form:
   • Fill out the "Removal to General District Court" form.
   • This form is located on the back of the Warrant in Debt Form provided during the filing process.
2. Submit the Form:
   • Deliver the completed form to the court clerk or judge.

What Happens After Removal

Once the case is removed:

• The General District Court Process Begins:
  • The case will follow formal rules for practice, procedure, pleadings, and evidence.
• Representation Options Expand:
  • Both parties are allowed to hire attorneys to represent them, which is not typical in small claims court.

Key Considerations for Removal

• Removal introduces stricter rules and a more structured process, which might be challenging for individuals without legal experience.
• However, it may benefit defendants who believe they need legal representation or a more thorough legal process to defend their case.

If you're considering removal, weigh the pros and cons carefully. It’s also helpful to consult with an attorney if you're unsure whether this option is in your best interest.

Enforcing the Judgment

What Happens After a Judgment is Issued

When the court issues a judgment, it establishes that the defendant (now called the judgment debtor) owes the plaintiff (the judgment creditor) a specific amount, plus any applicable interest. If the debtor doesn’t pay voluntarily, the creditor can take legal steps to collect the money.

Methods to Enforce a Judgment

1. Summons to Answer Interrogatories
   • What it Does: Helps the creditor discover the debtor’s assets.
   • How it Works: File Form DC-440 to question the debtor about their financial situation. This information can guide the next steps in collection.
   • Legal Reference: Virginia Code § 8.01-506.
2. Abstract of Judgment
   • What it Does: Creates a lien on the debtor’s real estate, making it harder for them to sell or refinance without addressing the debt.
   • How it Works: File the judgment in circuit court to establish the lien.
   • Legal Reference: Virginia Code §§ 8.01-458 through 8.01-465.
3. Writ of Fieri Facias (Fi. Fa.)
   • What it Does: Allows the creditor to seize and sell the debtor’s personal property at a public auction.
   • How it Works: Request this writ from the court to authorize the sale of assets like vehicles or equipment.
   • Legal Reference: Virginia Code §§ 8.01-466 through 8.01-505.
4. Garnishment Summons
   • What it Does: Enables the creditor to collect money directly from the debtor’s bank account or wages.
   • How it Works: File Form DC-451 to initiate garnishment proceedings.
   • Legal Reference: Virginia Code §§ 8.01-511 through 8.01-525.

Choosing the Right Method

The best approach depends on the debtor’s available assets:

• Bank accounts or wages? Garnishment might be most effective.
• Real estate holdings? An abstract of judgment can secure a lien.
• Valuable personal property? Consider a Writ of Fi. Fa.
• Unclear about assets? Start with a Summons to Answer Interrogatories.

Final Note

Enforcing a judgment can be time-consuming and sometimes challenging, especially if the debtor has limited assets. Be prepared to follow up and explore different methods to collect what’s owed. If you’re unsure which option is best, consult with an attorney or seek advice from the court clerk.

Courthouse Locations:

Virginia Beach General District Court

2425 Nimmo Parkway
Virginia Beach, VA 23456
(757) 385-8850
https://courts.state.va.us/main

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 Virginia Beach

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 Virginia Beach 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.