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Information on Filing Civil Warrants
Forms now available online at
www.courts.state.va.us
Civil Court is held every Tuesday at 1:00pm. You must allow 3
weeks from the time you file the warrant until the court date. Contested court
dates are set by the Judge.
The Small Claims Docket is held on the 3rd
Monday of each month at 1:30pm except state holidays. The Small Claims docket
for January and February will be on the 4th Monday at 3:00pm. The Small Claims Division is for claims of $5,000.00 or less
without attorneys. Separate forms are required, however, the filing fees and
post-judgment enforcement is the same.
WARRANT IN DEBT (Civil Claim for Money)
The following information is provided
to help you complete the form and understand court procedures. Please complete
an original and 4 copies (5 total) for one defendant and an original and 6
copies (7 total) for two defendants. Once the form is completed and a court date
selected, return the original, a copy for each defendant and a file copy, along
with a check, money order or cash for the appropriate amount of filing fees
[listed below] to the Clerk’s office. Mail a copy to each defendant
and keep one copy for your records. On the back of your copy (in lower right
hand corner), you will need to certify by date and signature that you mailed a
copy to the defendants and bring to court. The clerk’s office must receive the
warrant and fees no less than 3 weeks before the return date.
On the day of court you or an appropriate representative of
your place of business must be in court. Bring all paperwork needed to present
your case. If the address you provided for the defendant was not correct or
current and they could not be served, you have 90 days to notify the court of a
new address, pay the $12.00 service fee and the same warrant can be re-served.
If judgment is granted in your favor, you cannot use
enforcement measures until after the ten-(10) day appeal period. If you want the
Sheriff’s Office to levy against personal property to satisfy the debt, you must
file a written request with the court and pay the $25.00 filing fee so that the
proper paperwork can be issued.
WARRANT IN DETINUE (Civil Claim for Property)
Follow the same procedures as for the
Warrant In Debt. If the number of items sued for will not fit in the space
provided, a separate list may be attached to each copy of the warrant.
If judgment is granted in your favor and you want the
Sheriff’s Office to take possession of the items you sued for, you must file a
written request with the court along with a check/money order or cash for
$25.00. No action can be taken during the ten-(10) day appeal period.
SUMMONS FOR UNLAWFUL DETAINER (Civil Claim for Eviction)
Follow the same procedures as described
in Warrant In Debt. A written notice must be sent to the defendants before
obtaining an Unlawful Detainer. In addition to the plaintiff’s signature, the
claim and affidavit portion of the Unlawful Detainer must be acknowledged by a
notary, magistrate, clerk or deputy clerk before the warrant can be issued.
On the day of court you must be in court. Bring all paperwork
needed to present your case. The Plaintiff/Landlord may seek judgment for
POSSESSION only and request a continuance for up to ninety (90) days for final
rent and damages amounts to be determined. The Plaintiff/Landlord must
send written notice
advising the Defendant of the trial date and the amount of final rent and
damages
no less than fifteen (15) days prior to the final trial date and file a
copy of the notice with the Clerk's office. If judgment is granted in your favor, you may ask
the Judge to allow the immediate issuance of a Writ of Possession In Unlawful Detainer. You must wait ten (10) days after the trial date before enforcement
action can be taken if the Defendant appeared in court and the Judge does not
grant immediate possession. If you wish to have the Sheriff’s Office move the
defendant from your property, you will need to file a Request for Writ of
Possession In Unlawful Detainer with the court along with a check/money order or
cash for $25.00 for one defendant plus $12.00 for each additional defendant.
§8.01-15.2 & §8.01-428 SERVICEMEMBERS CIVIL RELIEF
ACT, Default Judgment
Notwithstanding the provisions of §8.01-428, in any civil
action or proceeding in which the defendant does not make an appearance, the
court shall not enter a judgment by default until the plaintiff files with the
court an affidavit (i) stating whether or not the defendant is in the military
service and showing necessary facts to support the affidavit; or (ii) if the
plaintiff is unable to determine whether or not the defendant is in the military
service, stating that the plaintiff is unable to determine whether or not the
defendant is in the military service. Any judgment by default entered by any
court in any civil action or proceeding in violation of Title II of the
Servicemembers Civil Relief Act (50 U.S.C. Appx. §§501 et seq.) may be set aside
as provided by the Act.
The Act also provides that where appointment of counsel is
required for a servicemember pursuant to federal law, the Court may assess
attorney fees and costs against any party as the Court deems appropriate. The
Court in its order shall direct which of the parties to the case shall pay such
fees and costs directly to the appointed counsel.
Form DC-418 available in the Clerk's Office.
All checks or money orders are to be made payable to
York County General District Court.
FILING FEES
|
CLAIMS $200.00 & UNDER |
$43.00 - 1 person |
| CLAIMS
$201.00-$15,000.00 |
$48.00 - 1
PERSON |
|
WARRANT IN DEBT |
WARRANT IN
DETINUE |
| SUMMONS FOR
UNLAWFUL DETAINER |
WARRANT IN DEBT – SMALL CLAIMS |
|
WARRANT IN DETINUE – SMALL CLAIMS |
|
ADD $12.00 FOR EACH
ADDITIONAL DEFENDANT
ENFORCEMENT OF JUDGMENTS
If you wish to issue a garnishment against the defendant’s
wages for any civil judgment, there are forms you will need to complete. These
forms are located in the Clerk’s office or online at
www.courts.state.va.us.
| WRIT OF FIERI
FACIAS |
$25.00 EACH
(if levy is requested) $12.00
per service (if no levy is requested) |
| WRIT OF
POSSESSION IN UNLAWFUL DETAINER |
$25.00 1 PERSON, each add'l
$12.00 |
| WRIT OF
POSSESSION IN DETINUE |
$25.00 EACH |
|
GARNISHMENT FOR WAGES |
$84.00 EACH |
|
INTERROGATORIES SUMMONS |
$60.00 EACH |
| MOTION TO REHEAR AND
NOTICE OF HEARING (CIVIL) |
$12.00 PER SERVICE |
NOTICE OF SATISFACTION
Virginia Code §16.1-94.01 requires that the judgment creditor
shall give written notice to the clerk of court in which the judgment was
rendered or an abstract of judgment has been filed once any judgment rendered in
a court not of record is paid or satisfied within thirty (30) days of receipt.
Such notice shall include the docket number, the names of the parties, the date
and amount of the judgment, and the date of payment or satisfaction. Form DC-458
is available at the Clerk's office or online at
www.courts.state.va.us.
NOTE: THE CLERK’S OFFICE STAFF IS PROHIBITED FROM GIVING YOU
LEGAL ADVICE. THE RESPONSIBILITY FOR DOING THINGS CORRECTLY IS YOURS ONLY. IT IS
NOT THE RESPONSIBILITY OF THE CLERK’S OFFICE TO REVIEW, APPROVE, EDIT OR REFUSE
ANY FILING EXCEPT AS DIRECTED BY THE JUDGE.
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