Legal Question in Civil Litigation in Virginia
Initially I served a person with a warrant of indebtedness for $5,000 in Small Claims Court. The actual invoice I was seeking payment for was $8,000. But there is a cap of $5,000 in Small Claims Court. On the day of the hearing the defendant asked that the venue be changed to General District Court. The Judge granted the request. Since there is no longer a cap of $5,000 I want the total $8,000. Do I file a motion before the hearing date? Or do I just show up and ask for it on the hearing date?
1 Answer from Attorneys
Yes, you need to amend your warrant to request the full amount
of the damages which you are now seeking through the regular general district court. (The defendant also will need to be served with a copy of your amended warrant.)
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