Virginia Small Claims Court Forms: Complete List and How to Fill Them Out

The Forms You'll Actually Use

Virginia's Small Claims Division uses standardized forms issued by the Supreme Court of Virginia. All are available as free PDFs on vacourts.gov. Here's what each one does and when you need it.

Form DC-402: Warrant in Debt (Small Claims)

This is the form that starts your case. Use DC-402 when you're suing for money — unpaid invoices, unreturned deposits, breach of contract damages, or property damage costs up to $5,000.

Key fields to get right:

• Court name and address — the specific General District Court where you're filing (based on venue rules, not necessarily your home court)
• Plaintiff information — your full legal name and current street address
• Defendant information — their full legal name (search the SCC CIS portal for businesses) and a physical address where they can be served. P.O. boxes are not sufficient for service of process
• Amount claimed — the principal, capped at $5,000
• Interest — the rate (contract rate or the 6% statutory default) and the date it began accruing
• Basis of claim — a concise summary in plain language: "Unpaid invoice for web design services performed under written contract dated March 15, 2026"

Don't confuse DC-402 (small claims) with DC-412 (regular General District Court civil warrant in debt). They look similar but route to different dockets.

Form DC-404: Warrant in Detinue (Small Claims)

Use DC-404 when you want specific personal property returned — not money. The property must be worth $5,000 or less. Common situations: a landlord holding your belongings after you moved out, or a buyer who has your item but won't pay or return it.

DC-404 lets you request return of the property or its cash value as an alternative. The fields mirror DC-402, with an added section describing the property in detail.

Form DC-409: Fee Waiver Petition

If you can't afford the filing fee, DC-409 is your petition to proceed without paying. You'll disclose monthly income, household assets, bank balances, dependents, and mandatory expenses under oath. Attach it to your unfiled DC-402 and submit both together — the clerk holds your filing while a judge reviews the financial affidavit.

If approved, the waiver covers filing fees and sheriff service costs. It doesn't protect you from paying the other side's court costs if you lose.

Form DC-413: Certificate of Mailing (Posted Service)

This form matters more than most people realize. When the sheriff serves your defendant by posting the warrant on their front door (posted service), Virginia law requires you to also mail a copy by first-class mail at least 10 days before the hearing date.

After mailing, you complete DC-413 — certifying the date you mailed it — and file it with the clerk before or on the return date. Without this form on file, the judge cannot enter a default judgment if the defendant fails to appear. This is one of the most common procedural traps in Virginia small claims cases.

Form DC-325: Witness Subpoena

Need a witness who won't come voluntarily? DC-325 compels them to appear and testify. File it with the clerk at least 10 days before the hearing to allow time for sheriff service. Each subpoena costs $12 for the service fee.

Form DC-336: Subpoena Duces Tecum

Similar to DC-325, but this one compels a person or organization to bring specific documents to court — bank records, repair invoices, contracts held by a third party. Same 10-day lead time and $12 service fee apply.

Where to Get the Forms

All forms are free downloads at vacourts.gov under the District Court civil forms section. You can also pick up paper copies at any General District Court clerk's office.

One important note: you cannot file these forms electronically as a pro se litigant. Virginia's eFiling system (VJEFS) is restricted to attorneys filing in Circuit Court. Small claims filings go in person or by mail.

For step-by-step guidance on completing each form in context — from pre-filing verification through the hearing — the Virginia small claims filing guide includes field-by-field instructions and completed examples.

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