Virginia small claims

How to fill out Virginia's DC-402 Warrant in Debt (Small Claims Division)

Official form: DC-402 — Warrant in Debt — Small Claims Division · Walkthrough written against DC-402 (Va. Code §§ 16.1-79, 16.1-122.3)

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Link verified 2026-07-04. If it has moved, the court's forms index and clerk's office will have the current version — verify with the court before filing.

What this form is

Virginia's small claims filing document is the DC-402 — "Warrant in Debt — Small Claims Division." Despite the old-fashioned name, a warrant in debt is simply the paper that starts a money case in General District Court; the DC-402 is the version for the Small Claims Division, which handles claims up to $5,000.

One number matters before anything else: DC-402 is the small claims form. The near-identical DC-412 is the regular (non-small-claims) Warrant in Debt for General District Court's civil docket. The two look alike, and filing the wrong one puts the case on the wrong docket.

You complete the plaintiff, defendant, and claim portions; the clerk's office completes the return date, issues the warrant, and arranges for the sheriff to serve it. The case-disposition section at the bottom is the judge's, not yours.

The form, field by field

What each part of the form asks for, in the form's own order. These are descriptions of the questions — what to answer depends on facts only you know, and the court clerk or the form's own instructions are the authoritative sources.

The caption — which court

City or county / street address of court — "___ General District Court"

The General District Court where you are filing. Virginia venue for small claims generally follows where the defendant lives, works, or does business. The return date, case number, and next-hearing boxes are completed by the court.

The parties

Plaintiff(s) — last name, first name, middle initial

Your name in the court's last-name-first format, with address lines on the form's right-hand panel.

Defendant(s) — last name, first name, middle initial

Each defendant's name the same way, with addresses. The form's TO ANY AUTHORIZED OFFICER and TO THE DEFENDANT(S) blocks — commanding the officer to summon the defendant and telling the defendant when to appear — are pre-printed; the clerk fills the dates.

The claim

"CLAIM: Plaintiff(s) claim that Defendant(s) owe Plaintiff(s) a debt in the sum of $___ net of any credits, with interest at ___% from ___ until paid"

The amount claimed (after subtracting any payments or credits), plus the interest rate and the date interest runs from, if you claim interest.

"$___ costs with the basis of this claim being"

Your court costs, and the basis-of-claim checkboxes: Open Account, Contract, Note, or Other with a line to explain. This is the form's whole statement of what the case is about — there is no long narrative section, which is why the checkbox plus the explain line carry the description.

"HOMESTEAD EXEMPTION WAIVED? Yes / No / cannot be demanded"

A question about whether the underlying contract waived Virginia's homestead exemption (a debtor protection) — a fact set by the contract's own terms. "Cannot be demanded" is the option for claims where no such waiver exists.

Date and signature — "[ ] Plaintiff [ ] Plaintiff's Employee"

You date and sign, checking whether you sign as the plaintiff or as an employee of a plaintiff business. (An agent or attorney signature routes through the non-small-claims process — in the Small Claims Division, parties represent themselves.)

Court-use sections

Case disposition / judgment blocks

The lower half of the form — judgment, dismissal, non-suit, defendant-present checkboxes, and the grounds-of-defense notes — is completed by the judge and clerk at and after the hearing. You leave all of it blank.

Common reasons clerks reject this form

Clerks bounce filings for mechanical, fixable reasons. These are the patterns that come up with this particular form:

  • Filing DC-412 when you mean small claims (or vice versa) — DC-402 is the Small Claims Division form; DC-412 is the regular civil warrant in debt. The clerk dockets what you hand them.
  • Claiming more than $5,000 — that exceeds Small Claims Division jurisdiction; larger claims use the regular civil docket (where the higher General District Court limits apply).
  • Forgetting "net of any credits" — the claim line asks for the amount after subtracting payments received, and a gross number overstates the claim.
  • Checking no basis-of-claim box — Open Account / Contract / Note / Other is the form's entire case description; blank means the defendant (and judge) can't tell what the claim is.
  • Writing in the return date or disposition sections — both are court-completed.
  • Bringing a lawyer to the Small Claims Division hearing — Virginia's small claims court is a no-attorney forum (a represented case gets removed to the regular docket).

What filing costs, and where it happens

Virginia General District Court civil filing costs start around $46 (a base writ tax and fees that vary slightly by locality and claim size), plus sheriff service per defendant. The clerk quotes the exact total when you file; fee waivers are available for those who qualify.

You file with the General District Court clerk in the proper city or county — in person or by mail, and Virginia's online civil filing covers some case types. The clerk sets the return date (printed on the form when issued) and sends the warrant to the sheriff for service. The return date is a first appearance; contested cases get a trial date.

Published fees and court locations for your county are in our Virginia small claims guide and the court directory. Fees change — verify the current amount with the clerk before filing.

Frequently asked questions

Where do I get the DC-402?

From vacourts.gov — the official fillable PDF is free (linked on this page). General District Court clerk's offices also provide it and can confirm it's the current revision.

What's the difference between DC-402 and DC-412?

DC-402 is the Warrant in Debt for the Small Claims Division (claims to $5,000, no attorneys, relaxed procedure). DC-412 is the regular General District Court civil version. They look similar; the division name in the header is the tell.

How much can I sue for in Virginia small claims?

Up to $5,000 in the Small Claims Division. Money claims above that (up to the General District Court's higher limits) use the regular civil docket and form DC-412.

What does "warrant in debt" mean?

It's Virginia's traditional name for the paper that starts a money lawsuit in General District Court — the civil equivalent of a summons plus claim. Nothing criminal about it, despite the word "warrant."

What happens after I file?

The clerk issues the warrant with a return date and the sheriff serves the defendant. On the return date, the case is either resolved, defaulted, or set for trial — the clerk's office can explain how your court handles small-claims return dates.

Related guides

Form link verified: 2026-07-04. Reviewed against our Editorial Standards.

This is general information to help you understand the form — not legal advice, and not a substitute for advice from a licensed attorney about your specific situation. Courts revise forms, fees, and procedures; the court's own instructions and your court clerk are the authoritative sources. Always verify with the court before filing.