How to File a Lawsuit in Virginia

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1Filing a Lawsuit in General District Court

2Filing a Civil Suit in Circuit Court

3Filing a Federal Civil Suit

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If you need to file a lawsuit in Virginia, the first thing you must figure out is which court has jurisdiction to hear your claim. The state of Virginia has 120 courts organized into 31 judicial circuits and 32 similar judicial districts. In addition to the state courts, there are two U.S. district courts.

Steps

Method 1

Method 1 of 3:

Filing a Lawsuit in General District Court

1. 
   1
   Determine if you have the right court. General district courts have limited jurisdiction and do not have jury trials.

   • Every city and county has a juvenile and domestic relations district court as well as a general district court. General district courts hear cases where the amount claimed is less than $25,000.
   • If your claim is for less than $4,500, you can only file in general district court. The court has a separate small claims division that hears all cases where the amount claimed is less than $5,000.
   • The juvenile and domestic relations court hears all civil cases involving children, including foster care and entrustment cases, abuse, and other family law matters that involve children such as custody or support issues.
   • Which court you sue in depends on where the person you're suing lives. If you're suing an individual, you must sue them in their county of residence. If you're suing a business, you generally must sue in the county where the business is operating.
2. 
   2
   Check the statute of limitations. The statute of limitations provides a deadline for you to file your lawsuit.

   • The length of time is different depending on the type of case you have. For example, if your case is based on a personal injury, you must file it within two years of the accident or injury.
3. 
   3
   Find the appropriate forms. Your district court's clerk has a "Civil Warrant," which you'll use if you're filing in the small claims division.

   • The court clerk will give you the appropriate form along with instructions on how to fill it out. Virginia has two separate forms depending on your claim. If you're suing to get money, you need to file a Warrant in Debt. If you're suing to get back personal property, you need to file a Warrant in Detinue.
   • Keep in mind that if you have any questions about the form, the clerk might be able to help you, but he can't give you any legal advice about your case.
4. 
   4
   Fill out your forms. Once you've found your forms, read through them to determine what information you will need to know to complete them.

   • You must start by identifying yourself and the person you're suing along with contact information including mailing address, phone number, and email address.
   • Double check that you have the correct legal name of the person you're suing, especially if you're suing a business.
   • Write the amount of money you want from the person you're suing, and then explain to the court why that person owes you that amount. You can attach exhibits to back up your statements if you want.
   • For example, if you have a written contract with your neighbor that you would paint his fence for $100, and you painted the fence but your neighbor didn't pay, you might attach the written contract to your form.
5. 
   5
   Consider having an attorney review your forms. Even if you can't afford to have an attorney represent you, you still might have an attorney look over your forms and make sure everything you need is there.

   • If your claim is for less than $5,000, you must file in small claims court where attorneys are not allowed. However, you can still have an attorney look over your forms before you file them and make sure you've done everything correctly.
6. 
   6
   Sign your forms. If you've alleged any facts in your forms, you should consider signing them in front of a notary to authenticate your signature.

   • After you've signed your forms, make enough copies to serve one on the person you're suing and keep a copy for your records. The court will keep the originals when you have them filed.
7. 
   7
   File your forms with the clerk of court. Take your forms and all copies to the clerk along with a filing fee.

   • In general district court, these fees typically are between $20 and $50. The clerk will be able to tell you exactly how much you owe. If you win your case, the defendant will be ordered to pay these fees back to you.
   • If you can't afford the fees, you can file a form to have these costs waived. You'll have to list your income and assets, the number of people in your family, and whether you receive any public benefits.
8. 
   8
   Have the lawsuit served on the other side. After you've filed your forms you must arrange for delivery to the person you're suing so he knows about the lawsuit.

   • In general district court, the clerk forwards the necessary papers to the sheriff's department after you've filed your lawsuit so a deputy sheriff can deliver them to the person you've sued.
   • Since you have to pay for this service, you can use a private process server if you want.
9. 
   9
   Wait for an answer from the other side. The person you're suing has 21 days to respond to your complaint with an answer or counterclaim; otherwise, you may win your lawsuit by default.
10. 
    10
    Prepare for your trial. If an answer or counterclaim is filed, participate in discovery and other pre-trial activities to prepare for trial.

    • The process of discovery allows you to gather evidence for your trial as well as gain some insight into the arguments of the person you're suing. You have the right to see anything the other side is planning on using for evidence, including documents related to the case. You also can interview witnesses or ask written questions of the other side.
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Method 2

Method 2 of 3:

Filing a Civil Suit in Circuit Court

1. 
   1
   Determine if you have the right court. Virginia circuit courts have concurrent jurisdiction with general district courts for claims from $4,500 to $25,000 and exclusive jurisdiction over claims exceeding $25,000.

   • Circuit courts are the only trial courts in Virginia with general jurisdiction. This means they have concurrent jurisdiction with the general district court over claims of between $4,500 and $25,000.
   • Since general district courts don't have jury trials, if your claim was $10,000 but you wanted a jury trial, you would file in circuit court.
   • Circuit courts also have exclusive original jurisdiction over all civil claims exceeding $25,000 that arise under state law, as well as divorce proceedings, wills and trusts, and adoption proceedings.
   • The circuit court also hears appeals from a decision of the general district court.
2. 
   2
   Consider hiring an attorney. Especially if you're contemplating a jury trial, an attorney can help you navigate the sometimes complicated rules of evidence and civil procedure.
3. 
   3
   Check the statute of limitations. If the statute of limitations for your type of case has passed, it's too late for you to file a lawsuit.

   • For example, if you're filing a lawsuit based on a written contract, you must file suit within five years of the date the contract was breached.
4. 
   4
   Draft your complaint. Virginia's court system makes a number of civil forms available on its website for you to download and use.

   • The forms include instructions for filling them out and filing them as well as general instructions about the format for pleadings in circuit court.
   • Not all counties provide their own forms, so you must check the local rules and make sure you have all the paperwork and are filing everything correctly.
5. 
   5
   Gather any necessary documents or other exhibits. If you have any documents or other items such as photographs that support your claim, attach them to your complaint.

   • For example, if you slipped and fell on a shop floor, your medical bills might constitute proof of injury as well as the expenses you incurred as a result.
6. 
   6
   Sign your complaint. You might consider signing your complaint in the presence of a notary so your signature is authenticated, especially if you are testifying to matters of fact.

   • After you've signed your complaint, make sure you make at least enough copies of everything you're filing that you have a complete copy to send to the person you're suing and a complete copy for your own records, because the court will keep the originals.
7. 
   7
   File your complaint. Take your original and copies to the clerk of the appropriate circuit court and file them to begin your lawsuit.

   • You'll have to pay filing fees when you file your complaint, which typically are several hundred dollars depending on the type of case. If you can't afford the filing fees, you can file a form asking the court to waive them.
8. 
   8
   Have your complaint served on the other side. After you've filed your complaint you must arrange to have it served on the person you're suing so they have notice of the lawsuit.

   • You can have the sheriff's department or a private process serving company serve the complaint, or you can mail it using certified mail.
9. 
   9
   Wait for the other side to file an answer or a counterclaim. If a responsive pleading isn't filed in 21 days, you may win your lawsuit by default.
10. 
    10
    Prepare for your trial. If the other side responds and disputes your claim, you must participate in discovery and other pre-trial activities.

    • The discovery process gives you the opportunity to ask questions and request documents from the other side, as well as interview any witnesses. During this time, you can find evidence to support your own case as well as learning more about how the other side is planning its defense.
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Method 3

Method 3 of 3:

Filing a Federal Civil Suit

1. 
   1
   Determine if you have the right court. Federal courts generally have jurisdiction over claims involving federal law, or if you are suing someone who is a resident of a different state.

   • The state of Virginia is divided into two federal districts, so you need to choose the one that encompasses the county where the person you're suing lives or does business.
   • Each district has multiple courts. For example, there are seven courts in the western district. If the person you want to sue lives or does business in Salem, Virginia, for example, you would need to file your lawsuit in the Roanoke court.
2. 
   2
   Consider hiring an attorney. Federal rules are extremely complicated, and if you file the suit on your own you will be expected to know and understand them the same as attorneys are expected to know them.

   • Not only are you responsible for the federal rules of evidence and civil procedure, you also must understand the local rules of the district where you're filing your case. These rules differ from court to court.
3. 
   3
   Check the statute of limitations. Each type of claim has a statute of limitations, which provides a deadline before which you must file your suit. You must do legal research to determine what the statute of limitations would be for your claim, when the clock started to run, and whether your deadline has passed.
4. 
   4
   Draft your complaint and summons. Search online for a form or other complaint filed in the same court that you can use as a guide.

   • The federal courts have a number of forms available online. Review the local rules to determine other documents such as civil cover sheets that you'll need to file with your complaint.
   • If you can't find the correct form for your particular case, you may be able to find a few sample complaints filed in other cases in the same court that you can use as guides.
   • At a minimum, you must comply with the form set forth in Rule 8 of the Federal Rules of Civil Procedure.
   • Your complaint must identify you and the people you're suing, including names and addresses. Next, you must explain how the court has jurisdiction.
   • Following this information in numbered paragraphs, explain the facts of your case. Each specific fact or allegation usually is a separate numbered paragraph.
   • The last paragraph of your complaint explains what form of relief you want from the court, be it monetary damages or for the court to order the defendant either to do something or to stop doing something.
5. 
   5
   Complete any other necessary documents. The local rules of the court where you're filing may require other documents such as a cover sheet be included with your complaint.
6. 
   6
   Attach any exhibits. If you have any documents or other evidence such as photographs that support your claim, you should attach them to your complaint.
7. 
   7
   Sign your complaint. Federal rules require you to sign your complaint for it to be valid.

   • Your signature must be accompanied by your full name printed out along with your address, email address, and telephone number.
   • Your signature doesn't need to be verified or signed in the presence of a notary public to be valid.
   • Once you've signed your complaint, assemble all the documents you need to file together and make enough copies that you can send one to the person you're suing and keep at least one for your own records. The court will keep the originals when you file your suit.
8. 
   8
   File your complaint in the clerk's office of the appropriate federal district court. To complete the act of filing you must take your complaint and all copies to the clerk's office along with a fee.

   • The fee to open a lawsuit in federal court is $400. If you can't afford the fee, you can file a motion asking the court to waive it.
9. 
   9
   Have the complaint served on the person you're suing. After you've filed your complaint you must arrange to have it sent to the other side so he has notice of the lawsuit.

   • Generally you must follow the process in Rule 4 of the Federal Rules of Civil Procedure to serve the complaint on the person or company you're suing. You may use a private process server or the U.S. marshal.
   • It is your responsibility to have the other side served within 120 days of filing your complaint.
10. 
    10
    Wait for an answer or counterclaim. After he receives notice of the suit, the defendant has 21 days to file a response or you may win your case by default.
11. 
    11
    Prepare for your trial. If the defendant disputes any part of your claim, you must engage in discovery and other pre-trial activities.

    • Discovery gives you the opportunity to ask the person you're suing questions or request documents from him that you believe will assist you in preparing your case. You also have the ability to call in witnesses and interview them on the record.
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