Small claims court in Virginia

$5,000maximum claim in Small claims court (general district court), as of 29 October 2026

The basics

Small claims limit: $5,000¹Va. Code 16.1-122.2
The small claims court hears civil claims of up to $5,000, not counting interest.
Court: Small claims court (general district court)¹Va. Code 16.1-122.2
The small claims court shares jurisdiction with the general district court over claims up to the limit.
Filing fee: Not yet confirmed
We have not confirmed this from an official source yet, so we do not show a figure.
Lawyers: No²Va. Code 16.1-122.4
Parties must represent themselves. A business may appear through an owner, officer, member or employee. A defendant may move the case to general district court and use a lawyer there.
Appeals: 10 days^3,4Va. Code 16.1-122.7, 16.1-106
Appeals follow the general district court rules. A judgment over $20 can be appealed within 10 days to a court of record, where the case is heard again from the start.

Deadlines to sue (statutes of limitations)

How long you usually have to file, counted from when the claim arose. Exceptions apply.

Written contract: 5 years⁵Va. Code 8.01-246(2)
5 years for a written contract signed by the party being sued or their agent.
Oral contract: 3 years⁵Va. Code 8.01-246(4)
3 years for an unwritten contract, or a written contract not signed by the party being sued.
Property damage: 5 years⁶Va. Code 8.01-243(B)
5 years for injury to property.
Personal injury: 2 years⁶Va. Code 8.01-243(A)
2 years for personal injury, whatever the legal theory.

Small claims rules are set by state law and court rules, and fees are often set locally. Before you file, check the court's own page or call the clerk.

Sources

Code of Virginia 16.1-122.2, Virginia General Assembly (Legislative Information System)official
Code of Virginia 16.1-122.4, Virginia General Assembly (Legislative Information System)official
Va. Code 16.1-122.7, Appeals, Virginia General Assembly (Legislative Information System)official
Code of Virginia 16.1-106, Appeals from courts not of record in civil cases, Virginia General Assemblyofficial
Code of Virginia 8.01-246, Virginia General Assembly (Legislative Information System)official
Code of Virginia 8.01-243, Virginia General Assembly (Legislative Information System)official

Checked 29 October 2026. "Secondary" sources reproduce the official text. We use them only where the official site could not be read and mark them here.