Completing and Filing Form DC-402: Service, Return Date, Hearing

To start a small claims case in Virginia, you complete the plaintiff side of Form DC-402 (Warrant in Debt, Small Claims Division), file it with the General District Court clerk in the county or city where the defendant lives or where the dispute arose, pay a $36 filing fee plus $12 per defendant for sheriff service, and mail a copy of the warrant to the defendant at least ten days before the return date the clerk assigns. The form is one page, you fill it out yourself, and the whole case from filing to hearing typically finishes within 60 days.1Virginia Judicial System. Warrant in Debt – Small Claims Division

Before You File: Make Sure Small Claims Is the Right Forum

Virginia’s small claims division handles money-only disputes of $5,000 or less, not counting interest.2Virginia Code Commission. Virginia Code Title 16.1 Chapter 6 Article 5 – Small Claims Court Common cases involve unpaid debts, broken contracts, security deposit disputes, and property damage. Keep the principal at $5,000 or below; interest on top of that is fine, but a principal of $5,001 puts you outside small claims and into regular General District Court.

The court can only award money. It cannot order someone to return property, perform a service, or stop doing something, and it cannot hear tort claims against the Commonwealth or its employees acting officially.3Virginia Code Commission. Virginia Code 16.1-122.1 – Small Claims Court Designated If you need non-monetary relief, file in General District Court or Circuit Court instead.4Virginia Court System. General District Court

Check the deadline for your type of claim before you file. A signed written contract gives you five years from the breach; an oral agreement or unsigned written contract gives you three.5Virginia Code Commission. Virginia Code 8.01-246 – Personal Actions Based on Contracts Property damage and personal injury claims generally have a two-year window. Count from the date the breach or damage happened, not from when you discovered it. File after the deadline and the court will dismiss the case no matter how strong it is.

One more constraint before you invest time in the form: you have to represent yourself. An attorney cannot appear on your behalf at a small claims trial. A business can send an owner, officer, or employee, and a judge may allow a friend or relative to stand in for someone who can’t meaningfully participate alone.6Virginia Code Commission. Virginia Code 16.1-122.4 – Representation and Removal; Rights of Parties The defendant, however, can remove the case to the regular General District Court at any point before the judge decides it, and once removed both sides can hire lawyers. You cannot prevent that.

Filling Out Form DC-402

You can pick up Form DC-402 at any General District Court clerk’s office or download it from the Virginia Judicial System website.1Virginia Judicial System. Warrant in Debt – Small Claims Division You fill in the plaintiff side. The clerk assigns the return date, issuance date, and case number after you submit it.7Supreme Court of Virginia. Warrant in Debt – Small Claims Division Instructions

Naming the Parties Correctly

Enter your full legal name and current address as the plaintiff. For the defendant, use their exact legal name. If you win a judgment against “John Smith” but the person’s legal name is “Jonathan A. Smith,” collecting on that judgment becomes a problem.

When suing a business, use the entity’s legal name as registered with the state, not the trade name or the sign out front. Search the State Corporation Commission’s Business Entity Search at cis.scc.virginia.gov to find the legal name and the registered agent.8Virginia.gov. SCC Business Entity Search – Clerk’s Information System You will need the registered agent’s name for service.

The defendant’s address must be a physical location. A P.O. Box does not work, because the sheriff needs somewhere to deliver papers in person.

Stating the Amount

Enter the principal the defendant owes in the dollar-amount field. The form has separate fields for the interest rate (as an annual percentage) and the date interest began accruing. Fill those in if your claim involves a contract or note specifying interest.1Virginia Judicial System. Warrant in Debt – Small Claims Division

Choosing the Basis of Claim

Check the box that best describes why the defendant owes you money:

  • Open Account, for an ongoing balance like a running tab for services rendered.
  • Contract, for a written or verbal agreement the defendant broke.
  • Note, for a promissory note or other written promise to pay.
  • Other, for anything else, such as property damage, unjust enrichment, or returned checks. If you check this box, write a brief explanation.

Whichever box you check, the explanation needs to be clear enough that the judge and the defendant can tell what happened. Write a few plain sentences: the date of the agreement or incident, what the defendant promised or did, and how you calculated the amount. Skip legal jargon. Something like “Defendant agreed to pay $3,200 for kitchen renovation completed on March 15, 2025. Defendant has paid $0” tells the judge everything needed.

Homestead Exemption Box

The form includes a checkbox about the homestead exemption, which protects certain property from being seized to satisfy a judgment. Check the appropriate box to indicate whether it is being waived or claimed. The clerk can point you to the right box for your situation.

Filing the Form

File the completed Warrant in Debt at the clerk’s office of the General District Court in the jurisdiction where the defendant lives or where the claim arose. Bring the original plus enough copies for each defendant and one for yourself.7Supreme Court of Virginia. Warrant in Debt – Small Claims Division Instructions

The filing fee is $36.9Virginia Code Commission. Virginia Code 16.1-69.48:2 – Fees for Services of District Court Judges and Clerks and Magistrates in Civil Cases Sheriff service costs $12 per defendant.10Virginia Code Commission. Virginia Code 17.1-272 – Process and Service Fees Generally If you win, these costs get added to your judgment, so the defendant ultimately pays them. If you cannot afford the fees, ask the clerk for Form DC-40(A) to request a fee waiver.

Getting the Defendant Served

The defendant has to be formally served with the Warrant in Debt before the court can hear the case. The sheriff delivers the papers in person. If the defendant is not home, the sheriff can post the warrant on the front door of the residence.1Virginia Judicial System. Warrant in Debt – Small Claims Division For a business, the sheriff serves the registered agent, or, for a corporation, the Clerk of the State Corporation Commission.

The Mailing Requirement People Miss

Sheriff service alone is not enough. You also have to mail a copy of the Warrant in Debt to the defendant by first-class mail at least ten days before the return date, then complete Form DC-413 (Certificate of Mailing) and either give it to the judge on your court date or file it with the clerk beforehand.11Virginia Judicial System Court Self-Help. Small Claims You can also satisfy this by completing the mailing fields on the back of the DC-402 itself, as long as you mail the copy at or before the time you file.7Supreme Court of Virginia. Warrant in Debt – Small Claims Division Instructions Without proof of mailing, you will not get a default judgment if the defendant fails to appear.

What the Return Date Is

Unlike states where the first court date is just a scheduling appearance, Virginia holds the trial itself on the return date. The return date cannot be more than 60 days after service.7Supreme Court of Virginia. Warrant in Debt – Small Claims Division Instructions It can only be moved if both sides agree or the judge finds good cause.2Virginia Code Commission. Virginia Code Title 16.1 Chapter 6 Article 5 – Small Claims Court

The hearing is informal. The judge swears in witnesses but has broad discretion to admit any evidence that tends to prove the facts, even if it would not meet formal evidentiary rules. Privileged communications are still excluded.12Virginia Code Commission. Virginia Code 16.1-122.5 – Informal Hearings; Rules of Evidence Suspended Both sides present evidence, question witnesses, and explain their position. The judge usually decides that day.

When the defendant was properly served and does not appear, you can ask for a default judgment. If service was done by posting rather than personal delivery, the judge will only enter default after you prove you also mailed a copy at least ten days before. Otherwise the case gets continued.13Virginia’s Judicial System. Small Claims Court Procedures

What to Bring to the Hearing

You carry the burden of proving both that the defendant owes you money and the specific amount.11Virginia Judicial System Court Self-Help. Small Claims The informal rules help, but informal is not the same as unprepared. Bring originals and at least two copies of everything, one for the judge and one for the defendant. Useful evidence includes:

  • Signed contracts or written agreements, including any amendments or emails changing the terms.
  • Invoices and receipts showing what was charged, paid, or left unpaid.
  • Printed, dated photos of property damage or defective work. Do not plan on showing the judge your phone screen.
  • Printed text-message and email threads with timestamps and contact information showing who sent each message.
  • Written repair estimates from contractors or mechanics documenting the cost of damage.

If you need a witness who will not come voluntarily, file Form DC-325 (Request for Witness Subpoena) with the small claims clerk at least ten days before trial.11Virginia Judicial System Court Self-Help. Small Claims The subpoena legally compels the witness to appear.