Civil Litigation:

Civil cases can be tried in both the General District Court or the Circuit Court. Section 16.1-77 of the Code of Virginia states that suits for money damages may be tried in the General District court if the damages claimed are $15,000.00 or less (exclusive of interest, costs, and attorney's fees).

Lawsuits for money damages over $15,000.00 must be brought in the Circuit Court. Lawsuits between $4,500.00 and $15,000.00 may be brought in either General District Court or Circuit Court.  Lawsuits for eviction are generally initiated in General District Court as long as any damages claimed are $15,000.00 or less. A proceeding for eviction is brought to remove a tenant or other individual from property you own. Upon obtaining a judgment for eviction, you have the right to petition the court for a writ of possession and have the Sheriff forcibly remove a tenant. If you are the individual sued for eviction, you may be able to defend against the claim by asserting your rights under various statutes. 

Generally, lawsuits affecting title to property or affecting wills, trusts, and/or estates are initiated in Circuit Court. These lawsuits are fall within the purvue of specific statutory remedies and strict compliance with the statue is required. Remedies include taking title to property by adverse possession, having a court declare certain rights pertaining to an easement, asking the court to construe or set aside a last will and testament, and / or seeking to for a sale or buy-out of jointly owned property.

Our office handles a multitude of civil litigation involving civil disputes concerning real estate, certain corporate matters, wills and estate administration, etc. Please contact us for specific information concerning same.

In anticipation of an appointment, it is often helpful for you to provide the following information:

• Name and address of the party with whom you have a problem.
• Names and addresses of all witnesses.
• A brief written summary of the problem and how you would like it to be resolved.
•  Copies of all documents pertaining to this matter.
• If you have been sued, a copy of all papers served on you, and the date on which they were served.
  (This is very important as generally you are only given 21 days to file a legal response after a law suit is served on you.)

Representation on all civil matter requires a substantial retainer. All fees are billed at our hourly rate. All costs and expenses are also billed to the client. Billing statements are mailed monthly.