Warrant In Debt Small Claims Division {DC-402}

WARRANT IN DEBT - SMALL CLAIMS DIVISION Commonwealth of Virginia VA. CODE § 16.1-79; 16.1-122.3 RETURN DATE CASE NO. NEXT HEARING DATE AND TIME General District Court CITY OR COUNTY PLAINTIFF(S) (LAST NAME, FIRST NAME, MIDDLE INITIAL) STREET ADDRESS OF COURT TO ANY AUTHORIZED OFFICER: You are hereby commanded to summon the Defendant(s). TO THE DEFENDANT(S): You are summoned to appear before this Court at the above address on to answer the Plaintiff(s)' civil claim (see below) RETURN DATE AND TIME DEFENDANT(S) (LAST NAME, FIRST NAME, MIDDLE INITIAL) DATE ISSUED [ ] CLERK [ ] DEPUTY CLERK [ ] MAGISTRATE v. CLAIM: Plaintiff(s) claim that Defendant(s) owe Plaintiff(s) a debt in the sum of $ $ COSTS net of any credits, with interest at INTEREST RATE % from DATE FROM WHICH IS DUE until paid. costs with the basis of this claim being [ ] Open Account [ ] Contract [ ] Note [ ] Other (EXPLAIN) HOMESTEAD EXEMPTION WAIVED? [ ] YES [ ] NO [ ] cannot be demanded WARRANT IN DEBT SMALL CLAIMS DIVISION *** DATE [ ] PLAINTIFF [ ] PLAINTIFF'S EMPLOYEE CASE DISPOSITION [ ] JUDGMENT that the Plaintiff(s) recover against [ ] named Defendant(s) [ ] S $ COSTS net of any credits, with interest at INTEREST RATE % from DATE FROM WHICH IS DUE until paid. TO DEFENDANT: You are not required to appear; however, if you fail to appear, judgment may be entered against you. By law, this case must be tried on the return date above unless all parties agree upon a different date for trial. Other continuances shall be granted by the court only for good cause shown. *** JUDGMENT PAID OR SATISFIED PURSUANT TO ATTACHED NOTICE OF SATISFACTION costs Grounds of Defense ORDERED DUE HOMESTEAD EXEMPTION WAIVED? [ ] YES [ ] NO [ ] CANNOT BE DEMANDED [ ] JUDGMENT FOR [ ] NAMED DEFENDANT(S) [ ] [ ] NON-SUIT [ ] DISMISSED Defendant(s) Present? [ ] YES [ ] NO [ ] Indemnifying bond of $ [ ] secured [ ] unsecured required for lost instrument (Va. Code § 8.01-32) DATE DATE JUDGE DISABILITY ACCOMMODATIONS for loss of hearing, vision, mobility, etc., contact the court ahead of time. CLERK FORM DC-402 (PAGE ONE OF TWO) 12/01 PDF American LegalNet, Inc. www.USCourtForms.com Transfer to Another Locality: If the Defendant believes that Plaintiff(s) should have filed this suit in a different city or county, you may file a written request to have the case moved for trial to the general district court of that city or county. To do so, you must do the following: 1. Prepare a written request which contains (a) this court's name, (b) the case number and the ''return date'' as shown on first page of this form in the top right corner, (c) Plaintiff(s)' name(s) and Defendant(s)' name(s), (d) ''I move to object to venue of this case in this court because'' and state the reasons for your objection and also state in which city or county the case should be tried, and (e) your signature and mailing address. 2. File the written request in the clerk's office before the trial date (use the mail at your own risk) or give it to the judge when your case is called on the return date. Also send or deliver a copy to plaintiff. 3. If mailed to the court, you will be notified of the judge's decision. REMOVAL TO GENERAL DISTRICT COURT NAME ADDRESS NAME ADDRESS PERSONAL SERVICE Tel. No PERSONAL SERVICE Tel. No Being unable to make personal service, a copy was delivered in the following manner: Delivered to family member (not temporary sojourner or guest) age 16 or older at usual place of abode of party named above after giving information of its purport. List name, age of recipient, and relation of recipient to party named above. Being unable to make personal service, a copy was delivered in the following manner: Delivered to family member (not temporary sojourner or guest) age 16 or older at usual place of abode of party named above after giving information of its purport. List name, age of recipient, and relation of recipient to party named above. Posted on front door or such other door as appears to be the main entrance of usual place of abode, address listed above. (Other authorized recipient not found.) Served on Secretary of the Commonwealth. Served on Clerk of the State Corporation Commission. Not found SERVING OFFICER Posted on front door or such other door as appears to be the main entrance of usual place of abode, address listed above. (Other authorized recipient not found.) Served on Secretary of the Commonwealth. Served on Clerk of the State Corporation Commission. Not found SERVING OFFICER for DATE DATE for I certify that I mailed a copy of this document to the defendants named therein at the address shown therein on DATE Plaintiff Plaintiff's Atty. Plaintiff's Employee I, the undersigned defendant, am exercising my right to remove this case to the general district court of this jurisdiction by signing and giving this notice to this court before the case is decided. DATE DEFENDANT ATTORNEY FOR DEFENDANT oral written notice of removal has been received this day in this small claims division. DATE CLERK JUDGE FORM DC-402 (PAGE TWO OF TWO) 12/01 PDF American LegalNet, Inc. www.USCourtForms.com