How do I file a motion to have a case heard in small claims court?

In Virginia, filing a motion to have a case heard in small claims court requires the completion of several steps. First, you must file a Petition with the appropriate court. This can be done in person or through the mail. The Petition must include the name, address, and telephone number of the Plaintiff, the name and address of the Defendant, and a statement of why the Plaintiff wants to sue the Defendant and what amount is being asked for. Second, you will be required to pay a filing fee and a service fee for the Defendant. The filing fee will vary depending on the amount you are asking for, while the service fee will depend on how you are serving the Defendant (in person or through the mail). Third, you must serve a copy of the Petition to the Defendant either in person or through the mail. You will be required to complete a “certificate of service” form to prove that the Defendant has been served. Fourth, if the Defendant does not respond to the Petition, you may be able to get a default judgment in your favor. Alternatively, if the Defendant does respond, you can request a hearing in front of a court-appointed judge where both parties will be able to present their cases and the judge will issue a decision. Lastly, once the decision has been rendered it will be binding on both parties. Depending on the outcome, either one of the parties may be ordered to pay the other for damages, depending on the facts of the case.

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How do I file a motion to have a case heard in small claims court?

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