How to Sue in Virginia Small Claims Court

Chapter 1

   Proponents of small claims courts maintain that it should not be necessary to hire a lawyer to resolve a dispute involving small sums. Indeed, without a small claims court, many claims would go unasserted because the amount would not economically justify hiring a lawyer. In Virginia small claims court, a citizen can present his own claim under simplified rules and procedures for a claim up to $5,000 in amount. 

   This court offers basic civil justice to citizens for small claims by eliminating many of the legalistic trappings of the lawyers' courts. The Virginia law states that “the judge shall conduct the trial in an informal manner so as to do substantial justice between the parties. The judge shall have the discretion to admit all evidence which may be of probative value although not in accordance with formal rules of practice, procedure, pleading or evidence, except that privileged communications shall not be admissible.” 

   Virginia District Court Judge Marcus D. Williams has described small claims court in this manner:  Because of its simple, expeditious procedures   and relaxed rules of evidence, the small claims court has attracted people who otherwise would shy away from resolving their problems in a court of law. . . It provides an expeditious and uncomplicated forum for the resolution of minor disputes.

   This book explains specifically how and when to use the services of the small claims court to settle a dispute. An overriding theme of this book is how to behave like a lawyer in your case –that is to say, how to document, arrange, and present the facts of your claim. The step-by-step explanations in this book will enable any citizen to prepare and present his small claim without the services of a lawyer. 

   Part I of this book provides basic information about small claims court suits, and offers guidance about when you should (or should not) resort to small claims court.

   Part II tells what you need to know before you decide to file a suit, as well as who, where, and when to sue.

   Part III tells how to file suit.

   Part IV tells how to prepare your evidence for maximum effect.

   Part V tells how to present your case at the trial.

   Part VI tells you how to go about collecting your money if you win a judgment at the trial.

   Part VII discusses what to do if you are sued.

   Part VIII describes legal principles applicable to the most common suits brought in small claims court. This will give you guidance on the kinds of evidence and facts you should present to win your suit. You should refer to the chapter(s) that most closely fit your claim.

   The Appendix includes (a) internet resources; (b) court locations, and (c) forms that you need to use in your suit.