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Do I have to attend a small claims court hearing?

Do I have to attend a small claims court hearing?

Small claims cases are dealt with far more informally than other types of cases and the strict rules of evidence do not apply. The judge is likely to take a pragmatic approach – adopting the procedure to suit the parties and facts in each case. A party must attend the hearing if they are represented by a lay person.

How long does a defendant have to respond to a claim?

If the defendant disputes your claim, they will send their defence to the court. They usually get 14 days to complete and return the defence but can ask to extend it to 28 days. If this happens, the court will let you know. There are various ways the defendant can dispute your claim.

How much money can a small claims court hear?

A small claims court has the power to hear civil cases in which a party (the plaintiff) is seeking a money amount up to $5,000. This court also hears cases where the plaintiff is seeking return of personal property valued up to $5,000.

How does Small Claims Court work in Virginia?

The small claims court has jurisdiction (the authority to hear and decide a particular type of case) over civil cases in which the plaintiff is seeking a money judgment up to $5,000 or recovery of personal property valued up to $5,000. In trials before the small claims court, the judge conducts the trial in an informal manner.

Can a small claims court hear a personal property case?

A small claims court has the power to hear civil cases in which a party (the plaintiff) is seeking a money amount up to $5,000. This court also hears cases where the plaintiff is seeking return of personal property valued up to $5,000. In Virgnia, these cases are heard in the General District Court.

How can I remove a case from Small Claims Court?

Before the judge decides the case, the defendant has the right to “remove” the case from the small claims court to the general district court by completing the Removal to General District Court form found on the back of the Warrant in Debt Form and giving it to the clerk or judge.

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