Want it written for you? Answer a few plain-English questions and get a Statement of Claim laid out so you can copy each field onto the official Warrant in Debt (DC-402), plus a script for the hearing and an evidence checklist. Checking is free; $19 for the completed documents.
Check if your Virginia claim qualifiesThe Virginia Small Claims Form
📄 Warrant in Debt (DC-402) filed in Small Claims Division
The form that opens your case. Download it free from vacourts.gov.
Virginia Limit, Fee and Filing Rules
| Item | Detail |
|---|---|
| Court | General District Court, Small Claims Division |
| Claim limit | $5,000 |
| Claim form | Warrant in Debt (DC-402) filed in Small Claims Division |
| Filing fee | $36 + ~$12/defendant sheriff — confirm the current fee with the clerk before filing |
| Serving the defendant | Sheriff (routine, low-cost) (confirm the current service rules with the clerk) |
| Law that sets the limit | Va. Code § 16.1-122.2 |
| Court data verified | October 6, 2026 |
Filing Deadlines in Virginia
How long the law gives you to file. When the clock starts depends on the claim, so do not leave it late: a claim filed after the deadline can be dismissed however strong it is.
| Type of claim | Time to file | Law |
|---|---|---|
| Written contract | 5 years | Va. Code § 8.01-246(2) |
| Oral / verbal agreement | 3 years | Va. Code § 8.01-246(4) |
| Damage to property | 5 years | Va. Code § 8.01-243(B) |
| Personal injury | 2 years | Va. Code § 8.01-243(A) |
| Unpaid debt or account | 3 years — 5 years for an account concerning the trade of merchandise between merchant and merchant, running from the cessation of their dealings — Va. Code § 8.01-246(3). | Va. Code § 8.01-246(4) |
Not sure which type yours is? The statute of limitations lookup covers more claim types.
Being Sued in Virginia Instead?
Do you file an answer? No written answer is required; trial is held on the first return date shown on the warrant. (Va. Code § 16.1-122.3(B))
If they owe you money: Counterclaims are allowed up to $5,000; the statute sets no separate filing deadline. (Va. Code § 16.1-122.3(F))
The been-sued deadline lookup covers what happens if you do nothing.
Where to Get the Official Virginia Forms
Court forms are free from the official sources below. Use the current version from your court.
- Official claim form — vacourts.gov
- Official source — selfhelp.vacourts.gov
- Official source — vacourts.gov
- The law itself — Va. Code § 16.1-122.2
- The clerk of the General District Court, Small Claims Division — can give you the current form and tell you whether your court adds any local paperwork.
How Long a Virginia Judgment Lasts — New Rule from 1 July 2026
Winning is not collecting, and a Virginia judgment does not last forever. A judgment from the General District Court — which is where small claims cases are heard — can be enforced for 10 years from the date of judgment under Va. Code § 16.1-94.1.
What changed on 1 July 2026 is the way that clock could be reset. A judgment creditor used to be able to pay the circuit court's docketing and indexing fees, docket the judgment there, and have it treated as a circuit court judgment that could be extended. House Bill 1426 (2026 Acts of Assembly, ch. 848) closed that route for new judgments. Section 16.1-94.1 now limits it to judgments entered “on or after January 1, 1985, and before July 1, 2026.”
| Judgment entered | Can the 10 years be extended by docketing in circuit court? |
|---|---|
| Before 1 July 2026 | Yes — the old route still applies to these judgments |
| On or after 1 July 2026 | No — the statute limits that route to judgments entered before that date |
Section 8.01-251(F) was amended to match, and it is blunter still about one group. For a General District Court judgment entered on or after 1 July 2026 that a debt buyer has purchased from the original creditor, their assignee, or another debt buyer, the 10-year limit “shall apply regardless of whether an abstract of such judgment is docketed in the judgment book of a circuit court.”
What this means in practice. If you win a small claims case in Virginia today, treat the judgment as good for 10 years and plan collection inside that window rather than assuming you can extend it later. This is a change to how long a judgment stays enforceable — it does not change the $5,000 claim limit, the filing fee, how you serve the defendant, or the deadline to file your case in the first place. Judgment enforcement gets technical quickly; a Virginia attorney or the General District Court clerk can tell you how these rules apply to your judgment.
Source: law.lis.virginia.gov, checked October 7, 2026. Confirm with the court before you rely on it.
How does Virginia compare? See the small claims limits and filing fees for every state.
Virginia Small Claims Forms: FAQ
❓ What form do I file to start a small claims case in Virginia?
The form that opens the case is the Warrant in Debt (DC-402). The official source is vacourts.gov. Court-issued forms are free; you pay only the filing fee.
❓ How much can you sue for in Virginia small claims court?
In Virginia you can claim up to $5,000 in the General District Court, Small Claims Division. If your claim is larger, you can usually reduce it to the limit or file in a higher court instead.
❓ How much does it cost to file small claims in Virginia?
The filing fee is $36 + ~$12/defendant sheriff — confirm the current fee with the clerk before filing. Serving the defendant usually costs extra.
❓ Can you fill in the Virginia small claims form for me?
We write a Statement of Claim from your answers, laid out so you can copy each field onto the official Warrant in Debt (DC-402) yourself — we do not produce the form itself. It comes with a script for the hearing and an evidence checklist.
Want it written for you?
A few plain-English questions about your Virginia case, then review and file. Checking is free; $19 for the completed documents.
Check if your Virginia claim qualifiesGeneral information, not legal advice. SmallClaimsHelper prepares documents; it is not a law firm.