A. Actions in the small claims court shall be commenced by the filing of a small claims civil warrant by a plaintiff.
B. At the time of filing a small claims civil warrant, the plaintiff shall pay to the clerk a required fee, which will be taxed as costs in the case. The plaintiff may be afforded the opportunity to receive preprinted information promulgated by the Committee on District Courts explaining the small claims court, including but not limited to information on case preparation, courtroom procedures, methods of collection, removal rights and appeals. The plaintiff shall select a time for the hearing which shall be held at least five days after service of the warrant. Such time shall be subject to concurrence by the clerk's office. The chief judge may limit the number of cases any one person may set for trial on any one date.
C. Upon the filing of the small claims civil warrant in small claims court, the court shall cause notice of process to be served upon the defendant. Notice of process shall consist of a copy of the warrant and shall be served by the method used in general district court. If applicable, the defendant shall be served with a copy of the preprinted information identified in subsection B of this section attached to the copy of the civil warrant.
D. All forms required by this article shall be prescribed by the Supreme Court of Virginia.
E. The trial shall be conducted on the first return date. However, by consent of all parties or upon order of the court, the time for trial may be changed from the time set for the first return. A continuance shall be granted to either the plaintiff or defendant only upon good cause shown.
F. There shall be no pleadings in small claims court actions other than the warrant and answer, grounds of defense and counterclaims not to exceed $5,000.
1988, c. 799; 1990, c. 564; 2002, c. 704; 2006, c. 141.
Structure Code of Virginia
Title 16.1 - Courts Not of Record
Chapter 6 - Venue, Jurisdiction and Procedure in Civil Matters
§ 16.1-77. Civil jurisdiction of general district courts; amending amount of claim
§ 16.1-77.1. When general district court may give judgment on forthcoming bond
§ 16.1-77.2. Jurisdiction of partition of personal property and proceedings therefor
§ 16.1-78. Judgment by confession not affected
§ 16.1-79. Actions brought on warrant
§ 16.1-79.1. Electronic filing of civil cases
§ 16.1-80. Service of warrant and return thereof
§ 16.1-81. Actions brought by motion for judgment
§ 16.1-81.1. Certain corporations; pro se representation
§ 16.1-82. Service of motion; return thereon and delivery to the court; how disposed of
§ 16.1-83. Consent of parties required for trial within five days of service
§ 16.1-83.1. Certification of expert witness opinion at time of service of process
§ 16.1-84. When action or proceeding not lost; when matured for hearing
§ 16.1-85. What term "warrant" to include
§ 16.1-86. When action deemed brought
§ 16.1-88. Procedure when plaintiff sues on sworn claim
§ 16.1-88.03. Pleadings and other papers by certain parties not represented by attorneys
§ 16.1-89. Subpoena duces tecum; attorney-issued subpoena duces tecum
§ 16.1-90. Recognizance upon continuation of case
§ 16.1-91.1. Costs to be included in judgment on forthcoming bond
§ 16.1-91.2. Judge to keep record of judgment on forthcoming bond; how to endorse execution
§ 16.1-93. Principles applicable to trial of cases
§ 16.1-94. Judgment to be noted on papers; formal orders may be entered
§ 16.1-94.01. When and how satisfaction entered on judgment
§ 16.1-94.1. Limitations on enforcement of district court judgments
§ 16.1-95. Abstract of judgment
§ 16.1-96. What abstract to contain
§ 16.1-97.1. When a new trial is granted
§ 16.1-98. Fieri facias or writ of possession on judgment
§ 16.1-99. When and where executions returnable; to whom directed
§ 16.1-100. Additional executions; by whom issued
§ 16.1-101. Proceedings against officer failing to make or making improper return
§ 16.1-102. Officers and sureties liable for money collected after return day
§ 16.1-103. Proceedings by interrogatories
§ 16.1-106. Appeals from courts not of record in civil cases
§ 16.1-106.1. Withdrawal of appeal in civil cases
§ 16.1-107. Requirements for appeal
§ 16.1-108. Deposit of money in lieu of bond
§ 16.1-109. Appellate court may require new or additional security
§ 16.1-110. Bankruptcy of appellant does not release surety
§ 16.1-111. Court to which appeal sent
§ 16.1-112. All papers transmitted to appellate court; further proceedings
§ 16.1-114.1. Principles applicable in trial of appeals; defective or irregular warrants or motions
§ 16.1-117. When papers in civil cases in certain municipal courts may be destroyed
§ 16.1-118. When papers in civil cases returned to courts of record may be destroyed
§ 16.1-118.1. Destruction of papers in civil cases in certain district courts
§ 16.1-119. Proceedings to try title to property levied on under distress or execution
§ 16.1-120. Summons in such case
§ 16.1-121. Order after hearing
§ 16.1-122.1. Small claims court; designated
§ 16.1-122.3. Actions; how commenced; notice; continuances; pleadings
§ 16.1-122.4. Representation and removal; rights of parties
§ 16.1-122.5. Informal hearings; rules of evidence suspended