How to File a Lawsuit in Virginia
Determine if you have the right court., Check the statute of limitations., Find the appropriate forms., Fill out your forms., Consider having an attorney review your forms., Sign your forms., File your forms with the clerk of court., Have the...
Step-by-Step Guide
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Step 1: Determine if you have the right court.
General district courts have limited jurisdiction and do not have jury trials.Every city and county has a juvenile and domestic relations district court as well as a general district court.
General district courts hear cases where the amount claimed is less than $25,000.If your claim is for less than $4,500, you can only file in general district court.
The court has a separate small claims division that hears all cases where the amount claimed is less than $5,000.The juvenile and domestic relations court hears all civil cases involving children, including foster care and entrustment cases, abuse, and other family law matters that involve children such as custody or support issues.Which court you sue in depends on where the person you're suing lives.
If you're suing an individual, you must sue them in their county of residence.
If you're suing a business, you generally must sue in the county where the business is operating. -
Step 2: Check the statute of limitations.
The statute of limitations provides a deadline for you to file your lawsuit.
The length of time is different depending on the type of case you have.
For example, if your case is based on a personal injury, you must file it within two years of the accident or injury., Your district court's clerk has a "Civil Warrant," which you'll use if you're filing in the small claims division.The court clerk will give you the appropriate form along with instructions on how to fill it out.
Virginia has two separate forms depending on your claim.
If you're suing to get money, you need to file a Warrant in Debt.
If you're suing to get back personal property, you need to file a Warrant in Detinue.Keep in mind that if you have any questions about the form, the clerk might be able to help you, but he can't give you any legal advice about your case., Once you've found your forms, read through them to determine what information you will need to know to complete them.
You must start by identifying yourself and the person you're suing along with contact information including mailing address, phone number, and email address.Double check that you have the correct legal name of the person you're suing, especially if you're suing a business.
Write the amount of money you want from the person you're suing, and then explain to the court why that person owes you that amount.
You can attach exhibits to back up your statements if you want.For example, if you have a written contract with your neighbor that you would paint his fence for $100, and you painted the fence but your neighbor didn't pay, you might attach the written contract to your form. , Even if you can't afford to have an attorney represent you, you still might have an attorney look over your forms and make sure everything you need is there.
If your claim is for less than $5,000, you must file in small claims court where attorneys are not allowed.
However, you can still have an attorney look over your forms before you file them and make sure you've done everything correctly., If you've alleged any facts in your forms, you should consider signing them in front of a notary to authenticate your signature.
After you've signed your forms, make enough copies to serve one on the person you're suing and keep a copy for your records.
The court will keep the originals when you have them filed. , Take your forms and all copies to the clerk along with a filing fee.
In general district court, these fees typically are between $20 and $50.
The clerk will be able to tell you exactly how much you owe.
If you win your case, the defendant will be ordered to pay these fees back to you.If you can't afford the fees, you can file a form to have these costs waived.
You'll have to list your income and assets, the number of people in your family, and whether you receive any public benefits., After you've filed your forms you must arrange for delivery to the person you're suing so he knows about the lawsuit.
In general district court, the clerk forwards the necessary papers to the sheriff's department after you've filed your lawsuit so a deputy sheriff can deliver them to the person you've sued.
Since you have to pay for this service, you can use a private process server if you want., The person you're suing has 21 days to respond to your complaint with an answer or counterclaim; otherwise, you may win your lawsuit by default., If an answer or counterclaim is filed, participate in discovery and other pre-trial activities to prepare for trial.
The process of discovery allows you to gather evidence for your trial as well as gain some insight into the arguments of the person you're suing.
You have the right to see anything the other side is planning on using for evidence, including documents related to the case.
You also can interview witnesses or ask written questions of the other side. -
Step 3: Find the appropriate forms.
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Step 4: Fill out your forms.
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Step 5: Consider having an attorney review your forms.
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Step 6: Sign your forms.
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Step 7: File your forms with the clerk of court.
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Step 8: Have the lawsuit served on the other side.
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Step 9: Wait for an answer from the other side.
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Step 10: Prepare for your trial.
Detailed Guide
General district courts have limited jurisdiction and do not have jury trials.Every city and county has a juvenile and domestic relations district court as well as a general district court.
General district courts hear cases where the amount claimed is less than $25,000.If your claim is for less than $4,500, you can only file in general district court.
The court has a separate small claims division that hears all cases where the amount claimed is less than $5,000.The juvenile and domestic relations court hears all civil cases involving children, including foster care and entrustment cases, abuse, and other family law matters that involve children such as custody or support issues.Which court you sue in depends on where the person you're suing lives.
If you're suing an individual, you must sue them in their county of residence.
If you're suing a business, you generally must sue in the county where the business is operating.
The statute of limitations provides a deadline for you to file your lawsuit.
The length of time is different depending on the type of case you have.
For example, if your case is based on a personal injury, you must file it within two years of the accident or injury., Your district court's clerk has a "Civil Warrant," which you'll use if you're filing in the small claims division.The court clerk will give you the appropriate form along with instructions on how to fill it out.
Virginia has two separate forms depending on your claim.
If you're suing to get money, you need to file a Warrant in Debt.
If you're suing to get back personal property, you need to file a Warrant in Detinue.Keep in mind that if you have any questions about the form, the clerk might be able to help you, but he can't give you any legal advice about your case., Once you've found your forms, read through them to determine what information you will need to know to complete them.
You must start by identifying yourself and the person you're suing along with contact information including mailing address, phone number, and email address.Double check that you have the correct legal name of the person you're suing, especially if you're suing a business.
Write the amount of money you want from the person you're suing, and then explain to the court why that person owes you that amount.
You can attach exhibits to back up your statements if you want.For example, if you have a written contract with your neighbor that you would paint his fence for $100, and you painted the fence but your neighbor didn't pay, you might attach the written contract to your form. , Even if you can't afford to have an attorney represent you, you still might have an attorney look over your forms and make sure everything you need is there.
If your claim is for less than $5,000, you must file in small claims court where attorneys are not allowed.
However, you can still have an attorney look over your forms before you file them and make sure you've done everything correctly., If you've alleged any facts in your forms, you should consider signing them in front of a notary to authenticate your signature.
After you've signed your forms, make enough copies to serve one on the person you're suing and keep a copy for your records.
The court will keep the originals when you have them filed. , Take your forms and all copies to the clerk along with a filing fee.
In general district court, these fees typically are between $20 and $50.
The clerk will be able to tell you exactly how much you owe.
If you win your case, the defendant will be ordered to pay these fees back to you.If you can't afford the fees, you can file a form to have these costs waived.
You'll have to list your income and assets, the number of people in your family, and whether you receive any public benefits., After you've filed your forms you must arrange for delivery to the person you're suing so he knows about the lawsuit.
In general district court, the clerk forwards the necessary papers to the sheriff's department after you've filed your lawsuit so a deputy sheriff can deliver them to the person you've sued.
Since you have to pay for this service, you can use a private process server if you want., The person you're suing has 21 days to respond to your complaint with an answer or counterclaim; otherwise, you may win your lawsuit by default., If an answer or counterclaim is filed, participate in discovery and other pre-trial activities to prepare for trial.
The process of discovery allows you to gather evidence for your trial as well as gain some insight into the arguments of the person you're suing.
You have the right to see anything the other side is planning on using for evidence, including documents related to the case.
You also can interview witnesses or ask written questions of the other side.
About the Author
Marie Kim
Specializes in breaking down complex pet care topics into simple steps.
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