Small Claims Court

The small claims court has jurisdiction over civil cases in which the plaintiff is seeking a money judgment up to $5000.00 or recovery of personal property valued up to $5000.00.

All parties shall represent themselves without attorneys.  A corporate or partnership plaintiff or defendant may be represented by an owner, a general partner, an office or an employee of that corporation or partnership.

The clerks will try to assist you, but they are not attorneys and cannot give legal advice.  If you wish to hire an attorney but do not know one, you can obtain the name and telephone number of a local attorney through the Virginia State Bar Referral Service by calling 804-775-0808 or 800-552-7977 or the Norfolk & Portsmouth Bar Association at (757)623-0132.

 

There will be a fee to file your small claims case.

To file your small claims case, you will need to come to the clerk’s office in the Public Safety Building,

Room 183 between the hours of 8:00 am to 4:00 pm.  There are two types of warrants handled by small claims.  Warrant in Debt – you are seeking a money judgment or Warrant in Detinue – you are seeking to obtain possession of personal property wrongfully withheld by the defendant.

When filing your claim, you will need the correct name and address of the person(s) or business you are suing.  On the Warrant in Debt, the amount you are suing for and the reason you are suing.  On the Warrant in Detinue, a description of the property, its value and the reason for the claim.

With regard to the correct name of a business or corporation, and the correct serving party, you can obtain assistance from such sources as the Better Business Bureau, City License Bureau and the State Corporation Commission.

When your paperwork is filed, you will be given a court date (return date) to come to court.  You will need to be present on this date at 2:00 p.m. in the courtroom assigned to you at the time of filing.