{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-122.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-122.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-122.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-122.3.html"}],"law_id":82419,"edition_id":1,"section_id":82419,"structure_id":15889,"section_number":"16.1-122.3","catch_line":"Actions; how commenced; notice; continuances; pleadings","history":"1988, c. 799; 1990, c. 564; 2002, c. 704; 2006, c. 141.","full_text":"A\n\nActions in the small claims court shall be commenced by the filing of a small claims civil warrant by a plaintiff.B\n\nAt the time of filing a small claims civil warrant, the plaintiff shall pay to the clerk a required fee, which will be taxed as costs in the case. The plaintiff may be afforded the opportunity to receive preprinted information promulgated by the Committee on District Courts explaining the small claims court, including but not limited to information on case preparation, courtroom procedures, methods of collection, removal rights and appeals. The plaintiff shall select a time for the hearing which shall be held at least five days after service of the warrant. Such time shall be subject to concurrence by the clerk’s office. The chief judge may limit the number of cases any one person may set for trial on any one date.C\n\nUpon the filing of the small claims civil warrant in small claims court, the court shall cause notice of process to be served upon the defendant. Notice of process shall consist of a copy of the warrant and shall be served by the method used in general district court. If applicable, the defendant shall be served with a copy of the preprinted information identified in subsection B of this section attached to the copy of the civil warrant.D\n\nAll forms required by this article shall be prescribed by the Supreme Court of Virginia.E\n\nThe trial shall be conducted on the first return date. However, by consent of all parties or upon order of the court, the time for trial may be changed from the time set for the first return. A continuance shall be granted to either the plaintiff or defendant only upon good cause shown.F\n\nThere shall be no pleadings in small claims court actions other than the warrant and answer, grounds of defense and counterclaims not to exceed $5,000.","order_by":null,"text":{"0":{"id":295308,"text":"Actions in the small claims court shall be commenced by the filing of a small claims civil warrant by a plaintiff.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":295309,"text":"At the time of filing a small claims civil warrant, the plaintiff shall pay to the clerk a required fee, which will be taxed as costs in the case. The plaintiff may be afforded the opportunity to receive preprinted information promulgated by the Committee on District Courts explaining the small claims court, including but not limited to information on case preparation, courtroom procedures, methods of collection, removal rights and appeals. The plaintiff shall select a time for the hearing which shall be held at least five days after service of the warrant. Such time shall be subject to concurrence by the clerk’s office. The chief judge may limit the number of cases any one person may set for trial on any one date.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":295310,"text":"Upon the filing of the small claims civil warrant in small claims court, the court shall cause notice of process to be served upon the defendant. Notice of process shall consist of a copy of the warrant and shall be served by the method used in general district court. If applicable, the defendant shall be served with a copy of the preprinted information identified in subsection B of this section attached to the copy of the civil warrant.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":295311,"text":"All forms required by this article shall be prescribed by the Supreme Court of Virginia.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":295312,"text":"The trial shall be conducted on the first return date. However, by consent of all parties or upon order of the court, the time for trial may be changed from the time set for the first return. A continuance shall be granted to either the plaintiff or defendant only upon good cause shown.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":295313,"text":"There shall be no pleadings in small claims court actions other than the warrant and answer, grounds of defense and counterclaims not to exceed $5,000.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":15889,"edition_id":1,"name":"Small Claims Court","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":13175,"metadata":{},"date_created":"2026-06-26 04:01:15","date_modified":"2026-06-26 04:01:15","permalink":{"id":162651,"object_type":"structure","relational_id":15889,"identifier":"5","token":"16.1\/6\/5","url":"\/16.1\/6\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13175,"edition_id":1,"name":"Venue, Jurisdiction and Procedure in Civil Matters","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":162373,"object_type":"structure","relational_id":13175,"identifier":"6","token":"16.1\/6","url":"\/16.1\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":78557,"structure_id":15889,"section_number":"16.1-122.1","catch_line":"Small claims court; designated","url":"\/16.1-122.1\/","token":"16.1\/6\/5\/16.1-122.1","metadata":false},{"id":61478,"structure_id":15889,"section_number":"16.1-122.2","catch_line":"Jurisdiction","url":"\/16.1-122.2\/","token":"16.1\/6\/5\/16.1-122.2","metadata":false},{"id":82419,"structure_id":15889,"section_number":"16.1-122.3","catch_line":"Actions; how commenced; notice; continuances; pleadings","url":"\/16.1-122.3\/","token":"16.1\/6\/5\/16.1-122.3","metadata":false},{"id":85511,"structure_id":15889,"section_number":"16.1-122.4","catch_line":"Representation and removal; rights of parties","url":"\/16.1-122.4\/","token":"16.1\/6\/5\/16.1-122.4","metadata":false},{"id":75382,"structure_id":15889,"section_number":"16.1-122.5","catch_line":"Informal hearings; rules of evidence suspended","url":"\/16.1-122.5\/","token":"16.1\/6\/5\/16.1-122.5","metadata":false},{"id":65381,"structure_id":15889,"section_number":"16.1-122.6","catch_line":"Judgment and collection","url":"\/16.1-122.6\/","token":"16.1\/6\/5\/16.1-122.6","metadata":false},{"id":71873,"structure_id":15889,"section_number":"16.1-122.7","catch_line":"Appeals","url":"\/16.1-122.7\/","token":"16.1\/6\/5\/16.1-122.7","metadata":false}],"previous_section":{"id":61478,"structure_id":15889,"section_number":"16.1-122.2","catch_line":"Jurisdiction","url":"\/16.1-122.2\/","token":"16.1\/6\/5\/16.1-122.2","metadata":false},"next_section":{"id":85511,"structure_id":15889,"section_number":"16.1-122.4","catch_line":"Representation and removal; rights of parties","url":"\/16.1-122.4\/","token":"16.1\/6\/5\/16.1-122.4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-122.3\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 799 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1990, chapter 564; in 2002, chapter 704<\/a>; in 2006, chapter 141<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":162661,"object_type":"law","relational_id":82419,"identifier":"16.1-122.3","token":"16.1\/6\/5\/16.1-122.3","url":"\/16.1-122.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-122.3\/","token":"16.1\/6\/5\/16.1-122.3","dublin_core":{"Title":"Actions; how commenced; notice; continuances; pleadings","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-122.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Actions in the small claims court<\/span> shall be commenced by the filing of a small claims civil warrant by a plaintiff<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> At the time of filing a small claims civil warrant, the plaintiff<\/span> shall pay to the clerk a required fee, which will be taxed as costs in the case. The plaintiff<\/span> may be afforded the opportunity to receive preprinted information promulgated by the Committee on District Courts<\/span> explaining the small claims court<\/span>, including but not limited to information on case preparation, courtroom procedures, methods of collection, removal rights and appeals<\/span>. The plaintiff<\/span> shall select a time for the hearing<\/span> which shall be held at least five days after service of the warrant. Such time shall be subject to concurrence by the clerk’s office. The chief judge<\/span> may limit the number of cases any one person may set for trial<\/span> on any one date. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon the filing of the small claims civil warrant in small claims court<\/span>, the court<\/span> shall cause notice of process to be served upon the defendant<\/span>. Notice of process shall consist of a copy of the warrant and shall be served by the method used in general district court<\/span>. If applicable, the defendant<\/span> shall be served with a copy of the preprinted information identified in subsection B of this section attached to the copy of the civil warrant. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> All forms required by this article shall be prescribed by the Supreme Court<\/span> of Virginia. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The trial<\/span> shall be conducted on the first return date. However, by consent of all parties or upon order<\/span> of the court<\/span>, the time for trial<\/span> may be changed from the time set for the first return. A continuance<\/span> shall be granted to either the plaintiff<\/span> or defendant<\/span> only upon good cause shown. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> There shall be no pleadings<\/span> in small claims court<\/span> actions other than the warrant and answer, grounds of defense and counterclaims<\/span> not to exceed $5,000. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nACTIONS; HOW COMMENCED; NOTICE; CONTINUANCES; PLEADINGS (\u00a7 16.1-122.3)\n\nA. Actions in the small claims court shall be commenced by the filing of a small\nclaims civil warrant by a plaintiff.\n\nB. At the time of filing a small claims civil warrant, the plaintiff shall pay\nto the clerk a required fee, which will be taxed as costs in the case. The\nplaintiff may be afforded the opportunity to receive preprinted information\npromulgated by the Committee on District Courts explaining the small claims\ncourt, including but not limited to information on case preparation, courtroom\nprocedures, methods of collection, removal rights and appeals. The plaintiff\nshall select a time for the hearing which shall be held at least five days after\nservice of the warrant. Such time shall be subject to concurrence by the\nclerk’s office. The chief judge may limit the number of cases any one\nperson may set for trial on any one date.\n\nC. Upon the filing of the small claims civil warrant in small claims court, the\ncourt shall cause notice of process to be served upon the defendant. Notice of\nprocess shall consist of a copy of the warrant and shall be served by the method\nused in general district court. If applicable, the defendant shall be served\nwith a copy of the preprinted information identified in subsection B of this\nsection attached to the copy of the civil warrant.\n\nD. All forms required by this article shall be prescribed by the Supreme Court\nof Virginia.\n\nE. The trial shall be conducted on the first return date. However, by consent of\nall parties or upon order of the court, the time for trial may be changed from\nthe time set for the first return. A continuance shall be granted to either the\nplaintiff or defendant only upon good cause shown.\n\nF. There shall be no pleadings in small claims court actions other than the\nwarrant and answer, grounds of defense and counterclaims not to exceed $5,000.\n\nHISTORY: 1988, c. 799; 1990, c. 564; 2002, c. 704; 2006, c. 141.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}