How do I file a motion in small claims court?

Filing a motion in small claims court in Virginia is a fairly straightforward process. The first step is to obtain the appropriate forms. These can be found online, at a courthouse, or by contacting the clerk’s office. After completing the forms, they must be filed with the clerk of the court in which you will be bringing your case. When the forms are filed, you will be required to pay a filing fee. Once the forms are filed, you will need to serve the other party with a copy of the documents. Service of process means that the defendant must be made aware of the lawsuit. This can be accomplished by mailing a copy of the forms or having a sheriff or process server personally serve the defendant. The clerk will then provide you with a date for your hearing. On the date of your hearing, both parties will present their evidence and make their arguments. The judge will then render a ruling based upon the evidence presented. If either party disagrees with the judge’s decision, they can file a motion to modify or vacate the ruling. This motion must be filed within 30 days of the ruling. The motion must be accompanied by any additional evidence, and the other party will again be served with the documents. The judge will then hear the arguments and make a ruling.

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