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In Civil Cases
Very often a citizen has a valid claim which can be satisfied only by a legal proceeding but which may be too small in value to justify hiring a lawyer. The majority of these claims will be for less than $1,000. In Virginia, claims of this amount can be initiated only in General District Courts. Although these district courts can determine larger claims up to $10,000 the important thing to remember is that they are the only courts in Virginia where suits may be filed for claims of $1,000 or less. One procedural possibility should be noted: if the amount involved is greater than $1,000 and the defendant files and affidavit with the court indicating a substantial ground of defense, and if he also pays the accrued court costs, the judge will remove the action to a court of record, which is called a Circuit Court.
Where Can A Civil Suit Be Brought?
To get the person you want to sue (the defendant) into court, you must bring suit in on e of the places authorized by law. The simplest rule is that you may bring suit in the city or county where the defendant lives, is regularly employed, or has a regular place of business.
You may also bring suit in the city or county where your cause of action arose (where the act on which your claim is based took place). If the defendant is a nonresident of Virginia, you may bring suit wherever the defendant can be found, or owns property within the state.
If you wish to sue a corporation, you may do so in the city or county in which either its principal office or registered agent is located. This information may be obtained from the State Corporation Commission located in Richmond, telephone (804)789-3733. A foreign corporation (one not originally incorporated in the State of Virginia) can be sued in the location where the statutory agent resides, or its registered office is situated, or, in case of withdrawal from the State, where its last statutory agent resided, or office was situated, or where it has any estate or debts owing to it within Virginia.
How Long Do You Have To Bring Your Suit?
You cannot wait forever to bring your suit. The time you do have is determined by law depending on the nature of your claim. You must bring your action within the period known as a statute of limitations. While you may have 3 years to bring a claim on a contract, you should initiate your action as soon as possible. Your action has been legally commenced when the necessary information has been filed with the officer who is going to issue your warrant ant the required fee paid. This commencement will become void, however, if the warrant is not subsequently served upon the defendant and properly returned to the court.
How to Start Your Suit?
You may bring your suit in a District Court by either a warrant or the traditional motion for judgment. The warrant is by far the simpler procedure. You simply go to either the clerk of the court, or to a magistrate, with the information about your case.
Basically this information consists of your name and address, the name and address of the person, business, or corporation you are suing, the amount of your claim, and the reason for your suit. You should note that the name of the person you are suing must be correct. With regard to obtaining the correct name of a business or corporation, you can obtain assistance from such sources as the Better Business Bureau, local Chamber of Commerce, and the State Corporation Commission.
If a subpoena is necessary in order to insure the presence of your witnesses, you should ask the clerk of the court, at least ten days in advance of the hearing day, for the subpoena. If you are a defendant and fail to answer a civil warrant, or fail to appear in court, a judgment may be granted against you by default. If you are a plaintiff, you should check with the clerk of the court to determine if your appearance is necessary.
How Do I Get My Money?
If your claim is against an established business, and you obtain a judgment against it, its owner will usually honor that judgment as a matter of course. In many cases, however, the person you have obtained judgment against will not pay you.
If he has no assets, your judgment may be worthless, but if he does have assets, you can "execute" against him through further legal proceedings. You may request the clerk or the judge to issue a writ of fieri facias to collect your judgment. This writ creates a "lien" (or claim) on the defendant's personal property. To satisfy your claim out of this personal property, you may then ask the sheriff to "levy" on particular items of which you notify the sheriff, or on all the property. You will be required to post a bond with the sheriff to enable him to seize and sell the property and pay to you the proceeds of the sale.
The writ of fieri facias also creates a lien on property not subject to levy, i.e., wages or other debts owed to the defendant. You can execute this lien by garnishment of wages or debts subject to the limits of Virginia law.
Another alternative open to you if you have obtained judgment and are not paid is to request that an abstract of judgment be provided to you for filing against this person in the clerk's office of the Circuit Court. This creates a "lien" against any real property the person owns in that locality.
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