If you were sued for $10,000 or less in a limited civil matter, the plaintiff (the person or company that filed the lawsuit) could not take you to Small Claims Court (due to the nature of the case or plaintiff) or choose NOT to file in Small Claims Court. You may also need to take action and spend money to enforce a decision. While a Small Claims Court decision carries legal weight, it may be difficult, if not impossible, to enforce the judgment. Obtaining a court judgment is one of the most difficult and frustrating aspects of litigation. The person who is obliged to pay the judgment may not have the money to pay it, or may simply refuse to pay it. Enforcement procedures are in place, but they require extra effort and also money on your part. You may never collect anything. Small claims courts may be able to order a defendant to do something as long as a monetary claim is also part of the claim. For example, if you pick up the lawn mower you lent to a neighbour, the court may order the mower to be returned or the mower to be paid for if it is not returned. Alternatively, small claims courts may order a defendant to do or not do something only if the law expressly permits it (i.e., an order that prevents illegal telephone advertising). The sheriff`s department is usually the one that enforces these orders.

It may or may not require other court orders to enforce a particular order. (For example, the court may order the defendant to return a vehicle to the plaintiff. If the defendant does not comply and parks the vehicle in the garage of his house, the sheriff may apply to the court for an additional order that would allow him to enter the premises to seize the vehicle). Check with your local sheriff`s department or small claims advisors for the requirements for your particular situation. If you decide to file an application in Small Claims Court, be prepared to put in the time and effort. This includes preparing for the hearing, gathering evidence, meeting with witnesses and attending the hearing in person. Did you and the respondent try to settle the dispute amicably? If you didn`t do it before taking legal action, why not give it a try? At the very least, you should ask the defendant for the remedy you hope the judge will grant you. The Small Claims Division of a district court has the power to hear civil cases in which a party (the plaintiff) is asking for up to $5,000 in money. This court also hears cases in which the plaintiff seeks restitution of personal property up to $5,000. In Virginia, these cases are heard by the General District Court. Before the judge decides the case, the defendant has the right to “transfer” the case from the Small Claims Division to the General District Court by completing the “Referral to General District Court” form on the back of the arrest warrant form and handing it over to the clerk or judge. When a case is dismissed, all other proceedings take place before the District General Court, where formal rules of practice, procedures, pleadings and evidence apply, and where the parties may be represented by counsel.

Counterclaim: A counterclaim is an optional avoidance action brought by a defendant against a plaintiff. It must be submitted to the Registry at least two days before the hearing and a small fee is usually charged. If you have a valid claim against a party suing you, inform the file officer that you wish to file a counterclaim. In the reply or in the course of the proceedings, the defendant may set out in writing any claim he has against the plaintiff. No written response to the defendant`s request is required, and the plaintiff`s and defendant`s claims are considered as one case. If the claimant wishes more time to prepare the counterclaim, it may apply to the court for an extension. In addition to these differences, there are restrictions on what you can require from a small claims judge. Your filing fee in a minor matter depends on the amount for which you are suing.

Registration fees generally do not exceed $250. You may also have to pay a small fee for service of the defendant. If you win your case, you can usually let the defendants pay your court fees. This is common in credit card debts or other collection actions where you may owe less than the small claims court limits, but the credit card company prefers to sue you in a limited civil case rather than small claims.