What is the process for filing a complaint in a real estate dispute?

The process for filing a complaint in a real estate dispute in Virginia begins by completing a Complaint Form. This form is available through the Virginia Judicial System website. Once the Complaint Form is completed, the Plaintiff (the person filing the complaint) must file the form with the Circuit Court located in the jurisdiction where the dispute pertains to. This form includes the names and addresses of all parties involved in the dispute, as well as a description of the dispute. After the Complaint Form is filed, the Plaintiff must formally serve the Defendant (the person being sued) with a copy of the complaint. Usually, this is done through certified mail, but other means may be used depending on the circumstances. Once served, the Defendant must file an Answer to the Complaint within a certain amount of time, typically 21 days. This Answer will state whether they admit or deny the allegations of the Complaint. If the Defendant does not file an Answer to the Complaint within the prescribed time period, the Plaintiff can submit a request to the court to enter a default judgement against the Defendant. In this case, the court will enter the judgement without a formal hearing. If the Defendant files an Answer, they may also submit a Counterclaim, which would be considered by the court. The court will then determine whether a trial is necessary and schedule it if so. Ultimately, the court will decide on a judgement based on the facts provided during the trial.

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