I Was Sued in Virginia Small Claims Court — What Now?

What Happens If You Ignore It?

Do not ignore the summons. This is the single most important thing to understand. If you don't appear at the hearing, the judge will almost certainly issue a default judgment against you — meaning the plaintiff wins automatically, without even having to prove their case.

A judgment against you can result in:

• Wage garnishment (your employer withholds money from your paycheck)
• Bank levies (funds seized from your bank account)
• Liens on your property
• Negative impact on your credit

Even if you think the claim against you is completely wrong, show up. You can only defend yourself if you're there.

Read the Summons Carefully

Your summons tells you:

• The hearing date, time, and location
• Who is suing you (the plaintiff)
• What they're claiming and how much they're asking for
• Any deadlines for filing a response

Add the hearing date to your calendar immediately. In Virginia, missing your hearing date has the same effect as not responding at all.

Your Four Options

Option 1: Settle Before the Hearing (Often the Best Choice)

Contact the plaintiff and try to negotiate a settlement. Even if you believe you're not fully liable, settling for a reduced amount is often better than spending time in court and risking a larger judgment. Get any settlement in writing and make sure the plaintiff agrees to dismiss the case.

Option 2: Defend Yourself at the Hearing

If you believe the claim is wrong or the amount is inflated, gather your evidence and prepare to present your case. Collect all contracts, receipts, photos, and communications. Think about what the plaintiff will say and how you'll respond.

Option 3: File a Counterclaim

If the plaintiff actually owes YOU money, you can file a counterclaim in Virginia small claims court. A counterclaim must stay within the $5,000 limit. File it before the hearing and notify the plaintiff. Both claims will be heard at the same time.

Option 4: Do Nothing (Default Judgment — Not Recommended)

Only consider this if the judgment would be uncollectible (you have no income, assets, or property) and you're judgment-proof. Even then, be aware that judgments remain valid for years and your financial situation could change.

Preparing for the Hearing

If you plan to defend yourself, gather:

• Any contract or agreement between you and the plaintiff
• Proof of payments you've already made
• Photos or documentation that contradict their claims
• Texts, emails, or voicemails
• Witnesses who can support your account

Bring three copies of everything. Organize it clearly. The judge will give you time to respond to the plaintiff's claims.

At the Hearing

• Arrive 15-20 minutes early
• Address the judge as "Your Honor"
• Listen to the plaintiff's entire presentation without interrupting
• Respond calmly and factually to each point
• Present your evidence clearly
• If the amount claimed is wrong even if some liability exists, say so

After the Judgment

If the judge rules against you, you'll typically have 30 days to pay. You may also have the right to appeal — in Virginia, appeals must usually be filed within 30 days of the judgment. An appeal involves a new hearing in a higher court and requires paying a new filing fee.

If you simply can't pay and are in financial hardship, speak with an attorney about your options, which may include payment plans negotiated with the plaintiff or, in extreme cases, bankruptcy protection.