To fill out a Warrant in Debt form in Virginia, start by picking the right version for the amount you’re owed: Form DC-402 for claims of $5,000 or less in the small claims division, or Form DC-412 for claims from $5,001 up to $50,000 in the general division of the General District Court.1Virginia Code Commission. Virginia Code 16.1-77 – Civil Jurisdiction of General District Courts From there, you enter the court, the parties, the principal amount, the interest terms, a short description of the claim, and answer the homestead exemption question based on what your written contract actually says. Both forms are available as fillable PDFs on the Virginia Judicial System website.
Pick the Right Form First
The two forms look similar and ask for the same core information, but they run on different tracks.
DC-402 is the small claims version. It caps out at $5,000. No one uses an attorney: attorneys are not permitted to act as representatives, and a business has to send an owner, officer, or employee rather than outside counsel.2Virginia Judicial System. Warrant in Debt – Small Claims Division3Virginia Code Commission. Virginia Code Article 5 – Small Claims Court
DC-412 is the general division form and handles claims up to $50,000. Either side can hire an attorney. If your claim is under $5,000 but you want the option of counsel, you can file DC-412 instead of DC-402.4Virginia Judicial System. District Court Forms
One quirk worth knowing before you choose: a defendant sued in small claims can move the case to the general division at any point before the judge decides, and can hire a lawyer to do it.3Virginia Code Commission. Virginia Code Article 5 – Small Claims Court If you expect the debtor to fight and lawyer up, filing DC-412 from the start can save a step.
Gather the Information the Form Will Ask For
Have everything in front of you before you begin. The fields are simple, but wrong information at this stage causes failed service or objections later.
- Full legal names and current addresses for you (plaintiff) and the person or business you’re suing (defendant). For a business, use the legal entity name, not just a trade name. The defendant’s address is where the sheriff or process server goes, so accuracy matters.
- The exact principal amount owed. Base debt only. Interest and court costs go in separate fields.
- The interest rate and the date interest started accruing, if you’re claiming interest. Use the rate in your contract; if the contract is silent, Virginia’s default rate is 6% per year. Interest usually starts on the date payment was due or the date of the breach.5Virginia Code Commission. Virginia Code 6.2-302 – Judgment Rate of Interest
- Your supporting documents: contract, invoices, loan agreement, bounced checks, or written communications about the debt. You won’t attach these to the form, but you’ll draw on them to describe the claim accurately and you’ll need them at any trial.
The Virginia Judicial System publishes a companion instructions PDF for DC-402 that walks through each field.6Virginia Judicial System. Form DC-402 – Warrant in Debt – Small Claims Division
Fill Out the Form Section by Section
DC-402 and DC-412 share the same layout. The top identifies the court, the middle captures the claim, and the bottom handles exemptions and court use.
At the top, write in the name and address of the General District Court where you’re filing. You file in the court that serves the area where the defendant lives, works, or regularly does business. If none of those fit, you can file where the claim arose, meaning where the contract was signed or where the debtor was supposed to perform. Filing in the wrong court doesn’t kill the case, but the defendant can ask for a transfer, which delays things.
In the plaintiff and defendant boxes, write each party’s full legal name and mailing address. If the defendant is a business entity, include the registered agent’s address if you have it. That address is often the most reliable route for service.
In the claim section, enter the principal amount owed on its own line. On the next line, enter the annual interest rate and the date interest began.
Then write a brief, factual description of the claim. Short is better. Something like “Unpaid balance on Invoice #456, dated March 15, 2025, for plumbing services” does the job. You aren’t making a legal argument; you’re telling the court and the defendant what the money is for.
The Homestead Exemption Question
This is the field that trips people up.
Virginia law protects a portion of a debtor’s property from being seized to pay a judgment. The exemption covers up to $5,000 in personal or real property, or $10,000 if the debtor is 65 or older, plus an additional $25,000 in value for a primary residence and $500 for each dependent the debtor supports.7Virginia Code Commission. Virginia Code 34-4 – Exemption Created
The form asks whether the defendant waived this protection. A waiver counts only if it appears in the written contract or in a document attached to it. The standard waiver language reads: “I (or we) waive the benefit of my (or our) exemption as to this obligation.”8Virginia Code Commission. Virginia Code 34-22 – Waiver of Exemption; Its Effect; Form of Waiver
Read your contract for that phrase or equivalent wording. If it’s there, mark on the form that the homestead exemption was waived. If it isn’t, leave the section blank or mark it as not waived.
Do not claim a waiver you can’t back up. If you check the waiver box and the defendant challenges it, and no waiver language actually appears in the contract, you lose credibility on the rest of the claim. When the exemption has been properly waived, the resulting judgment must include specific language noting that fact, which makes collection easier down the road.9Virginia Code Commission. Virginia Code 34-25 – When Homestead Waived Judgments and Executions to So State
Check the Statute of Limitations Before You File
The form itself doesn’t ask you about deadlines, but filing on an expired debt is wasted money. In Virginia, you have five years to sue on a signed written contract and three years for an oral or unsigned written agreement.10eLaws Virginia. Virginia Code 8.01-246 – Personal Actions Based on Contracts The clock starts when the payment was missed or the agreement was breached, not when you noticed.
If the deadline has passed, the defendant can raise it as a defense and the case will almost certainly be dismissed. For anyone acting as a professional debt collector, filing on a time-barred debt also creates exposure under the Fair Debt Collection Practices Act.
File the Form and Pay the Fee
Take the completed form to the clerk of the General District Court you selected, or mail it in. Make copies of the completed form before you submit the original: one for your records, and possibly extras for service.
The clerk charges a filing fee that scales with the amount of your claim. Virginia’s court system has an online fee calculator at vacourts.gov so you can look up the exact amount before you go. If you win, the court can add those costs to the judgment, so keep the receipt.
Once the clerk accepts the filing and fee, they assign a case number and schedule a return date. The return date must fall within 90 days of the date the defendant is served.11Virginia Code Commission. Virginia Code Article 3 – Procedure in Civil Cases You’ll get a stamped copy of the warrant showing the case number and return date, and the court arranges service on the defendant from there.