How to file small claims in Virginia

Sue for up to $5,000 in the General District Court (small-claims division); filing fee around $50.

Virginia's small-claims division hears claims up to $5,000 with no lawyers; either side can appeal to Circuit Court for a new trial.

• Dollar limit: $5,000
• Filing fee: $50 — About $40–$60 plus service.
• Where to file: General District Court (small-claims division)
• Lawyers at the hearing: not allowed — you represent yourself

1. Confirm your claim is at or under the dollar limit and within the statute of limitations for your claim type.
2. Send a written demand letter first — most courts expect it, and it often gets you paid without filing.
3. Get the correct filing form (often a "Statement of Claim" or "Plaintiff's Claim") from the General District Court clerk or the court's website.
4. File the form with the General District Court for the county where the defendant lives or where the dispute happened, and pay the filing fee.
5. Arrange service of process so the defendant is officially notified (by the sheriff, certified mail, or a process server, per local rules).
6. Gather your evidence — contract, texts, photos, receipts, the demand letter — and bring organized copies to your hearing.
7. Show up on your court date and present your case; if you win, ask the judge how to collect the judgment.
8. Virginia bars attorneys in the small-claims division; either side may appeal to Circuit Court for a new trial within 10 days.

What are you suing for?

• Suing for unpaid loan in Virginia: 5 years to file
• Suing for security deposit in Virginia: 5 years to file
• Suing for property damage in Virginia: 5 years to file
• Suing for unpaid rent in Virginia: 5 years to file
• Suing for contractor dispute in Virginia: 3 years to file

Source: Va. Code § 16.1-122.1. Reviewed 2026-06-17 (verify with the court clerk).

Nearby states: Maryland ($5,000) · North Carolina ($10,000) · Tennessee ($25,000) · Kentucky ($2,500) · West Virginia ($10,000) · District of Columbia ($10,000).

General legal information, not legal advice. Rules change and vary by county and court; consult a licensed attorney or your court clerk.

Updated July 2026