Filing a Small Claim in Fairfax County

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Small claims courts are courts of limited jurisdiction that are designed to hear civil cases between private litigants.  Their purpose is to prevent clogging up the formal court system with relatively petty matters through a less formal forum.  Small claims courts also limit the judgments awarded.  This limit is generally set at $5,000 – though it may vary from jurisdiction to jurisdiction.

 

The rules of civil procedure and evidence are typically simplified in small claims proceedings to allow non-lawyers to litigate their matters without the help of a costly attorney.  Formal and costly procedures such as depositions are not allowed in small claims, and generally speaking, neither is a trial by jury.

 

Filing Small Claims in Fairfax County

 

Any individual over the age of 18 can file in Fairfax County Small Claims Court for damages of up to $2,000.  You may bring an action in Fairfax County if the defendant resides there, the cause of action occurred there, or any property pertaining to the action is located there. 

 

In order to file the case, you will first need to select the appropriate court.  Small claims are conducted at any of the Fairfax County District Courts.  Furthermore, the forms that are necessary to file your small claim can be found at the Virginia Court System website. 

 

There is a court fee to file a small claim in Fairfax County that varies based on the amount of your claim.  For suit amounts more than $200 or for suits concerning the possession of property, the fee is $41; for any amount $200 or less, the fee is $36. These fees are due at the time of filing and may be made by cash, credit card, personal check, money order, or cashier’s check.

 

After you file, the next step is to serve the defendant.  In the case of filing a claim against a business, the process depends on whether or not the business is incorporated.  If it is incorporated, you have to include the name under which it is incorporated as well as a name and address of either a corporate officer or the registered agent.  If you have trouble finding this information, you may contact the State Corporations Division of the Virginia Secretary of the Commonwealth office.

 

The Fairfax County Court System allows you to execute personal service or service via registered mail on the defendant should you choose.  Alternatively, you may employ the Fairfax County Sherriff’s Office to execute service on your behalf.  The fee for the Sherriff’s service is $12 per person to be served.  Garnishments and interrogatories require a sherriff’s fee of $24 per person; writ of possession in unlawful detainer is $25 for the first defendant and $12 for each additional defendant; and attachment before judgment, detinue seizure, levy, distress warrant, and writ of possession in detinue require a $25 per action fee.

 

For more information about the Fairfax County small claims process, visit the Virginia Court System’s website.