What is the small claims limit in Virginia?

Virginia small claims is a division of the General District Court under Va. Code §§ 16.1-122.1 through 16.1-122.7.

1. Monetary Limit — Va. Code § 16.1-122.2 sets the small claims jurisdiction at $5,000. The General District Court itself (regular civil docket) hears cases up to $50,000.

2. Filing Fee — Set by Supreme Court of Virginia fee schedule: $36 for claims up to $200, $48 for $200-$500, $58 for $500-$5,000, plus $12-$25 sheriff service per defendant. Fee waiver via Petition for Proceeding in Civil Case Without Payment of Fees (Form CC-1414).

3. Lawyers — Prohibited unless all parties consent (Va. Code § 16.1-122.4). If a lawyer enters an appearance, the case is removed to the regular General District Court docket. Corporations may be represented by an officer or employee.

4. Statute of Limitations — Standard Virginia SOLs: 5 years for written contracts (Va. Code § 8.01-246(2)), 3 years for oral contracts (§ 8.01-246(4)), 2 years for personal injury (§ 8.01-243), 5 years for property damage (§ 8.01-243).

5. Where to File — General District Court of the county or city where (a) defendant resides, (b) defendant has a place of employment or business, or (c) the cause of action arose (Va. Code § 8.01-262).

6. Service — By sheriff, private process server, or, in some courts, certified mail. Defendant must be served at least 5 days before the return date (Va. Code § 8.01-275.1).

7. Hearing — Informal trial before a General District Court judge. Rules of evidence are relaxed; the judge may question witnesses directly.

8. Appeal Rights — Either party may appeal de novo to the Circuit Court within 10 days of judgment for any case in which the matter in controversy exceeds $20 (Va. Code § 16.1-106). Appellant must post an appeal bond. The Circuit Court tries the case fresh under formal procedures; lawyers and juries are permitted.

This is legal information, not legal advice.