Virginia Small Claims Court Costs and Fees
Filing Fees
Virginia's small claims filing fees are set by state statute and depend on how much you're claiming:
| Claim Amount | Filing Fee |
|---|---|
| $500 or less | $35 – $38 |
| $500.01 – $5,000 | $50 – $57 |
The slight range within each tier reflects local court assessments — technology fees and law library surcharges that vary by jurisdiction. Most courts in Northern Virginia and Hampton Roads land at the higher end of each range.
You pay the filing fee when you submit your Form DC-402 (Warrant in Debt) to the clerk. Cash, corporate checks, and credit or debit cards are accepted at most clerk's offices. Personal checks may be restricted — call ahead if that's your only option.
Service Fees
On top of the filing fee, you'll pay $12 per defendant for sheriff service of process. This covers the deputy sheriff delivering your warrant to the defendant.
If you're suing two defendants (say, both an individual and their LLC), that's $24 in service fees on top of the filing fee.
Other Fees You Might Hit
| Fee | Amount | When It Applies |
|---|---|---|
| Witness subpoena (DC-325) | $12 per witness | When you need to compel a reluctant witness to testify |
| Subpoena duces tecum (DC-336) | $12 per subpoena | When you need a third party to bring documents to court |
| Secretary of Commonwealth service | $28 | When serving an out-of-state defendant through the long-arm statute |
| State Corporation Commission service | $30 | When serving a corporation without an active registered agent |
| Appeal writ tax | Up to $129 | When either party appeals to Circuit Court |
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Recovering Your Costs
If you win, the judge can order the defendant to pay your court costs — filing fees, service fees, and subpoena costs. This is standard in Virginia. Your costs get added on top of the judgment amount.
However, you cannot recover lost wages for time off work, travel expenses to reach the courthouse, or copying costs for exhibits. Those come out of your pocket regardless of the outcome.
Fee Waivers for Low-Income Filers
If you can't afford the filing fees, Virginia offers a fee waiver through Form DC-409 (Petition for Proceeding in Civil Case Without Payment of Fees and Costs). You'll complete a financial disclosure under oath — monthly income, assets, bank balances, dependents, and essential expenses.
Attach DC-409 to your unfiled DC-402 and submit both to the clerk. A judge reviews your affidavit and either grants or denies the waiver. If approved, it covers the filing fee and sheriff service costs.
The waiver doesn't shield you from paying the other side's taxed court costs if you lose on the merits.
Is It Worth the Cost?
For most small claims disputes, the math works clearly in your favor. A $57 filing fee plus $12 in service costs to pursue a $2,500 unpaid invoice is straightforward. Even a $500 claim against a contractor costs under $50 to file.
The real cost is your time — a morning in court, plus the prep work. Our Virginia small claims filing guide helps you minimize that investment with checklists, deadline calendars, and step-by-step instructions for every phase of the process.
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