Virginia Small Claims Court Guide

$5000 Maximum Claim (Individuals)
$5000 Maximum Claim (Businesses)
30-60 days Typical Wait Time
Yes Lawyers Allowed

Virginia Small Claims Court Limits

Virginia small claims court limit is $5,000 for all plaintiffs. Cases are heard in General District Court.

Court Name: Small Claims Division of General District Court

Official Website: https://www.courts.state.va.us/

Filing Fees in Virginia

Filing fees vary based on the amount you're claiming:

Claim Amount Filing Fee
Typical Range$50-75

Filing fees vary based on claim amount. Service fees additional.

Serving the Defendant

Service must be completed at least 10 days before the return date.

Allowed Service Methods:

Important: You must serve the defendant at least 10 days before the hearing date.

What to Expect at Your Hearing

After filing, you'll typically wait 30-60 days for your hearing date.

Attorneys Allowed: Attorneys are permitted in Virginia General District Court but most parties represent themselves.

Appeals

Either party may appeal to Circuit Court within 10 days for a new trial.

Virginia Statute of Limitations

You must file your lawsuit within these time limits from when the dispute occurred:

Type of Claim Time Limit
Written Contract years
Oral Contract years
Property Damage years
Personal Injury years

Do I Need a Demand Letter Before Filing?

Sending a demand letter is recommended to demonstrate good faith before filing suit.

Create Your Free Demand Letter

Before going to court, try sending a demand letter. It's free, takes 5 minutes, and often resolves disputes without filing.

Create Free Demand Letter

Frequently Asked Questions

What is the small claims court limit in Virginia?

The Virginia small claims court limit is $5,000 for all plaintiffs, handled by General District Court.

What is small claims court called in Virginia?

In Virginia, small claims cases are heard in the Small Claims Division of General District Court.

How long do I have to sue for breach of contract in Virginia?

In Virginia, you have 5 years for written contracts and 3 years for oral contracts from the date of breach.

How do I appeal a Virginia small claims judgment?

Either party may appeal to Circuit Court within 10 days. The appeal results in a new trial (trial de novo).