Virginia General Form of Complaint, Petition, or Declaration for Ejectment

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Multi-State
Control #:
US-01684BG
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Word; 
Rich Text
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Description

An ejectment proceeding is an action to recover the possession of land, subject to all the regular rules of civil procedure. Statutes may regulate ejectment actions to prescribe the general form of the declaration or complaint. Otherwise, it is generally sufficient for the plaintiff to allege his or her possession of the premises in controversy, the subsequent entry of the defendant, and the defendant's withholding of the premises from the plaintiff. This form is a generic complaint and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Failure to timely pay fines, costs and/or penalties may result in the Court issuing a show cause summons or capias for the arrest of the Defendant AND upon a finding of guilt the Court may impose up to 60 days in jail for the Defendant to serve and/or a $500.00 fine.

If your lawsuit is for more than $200, the filing fee is $26, plus $12 for each person or business you are suing. If your lawsuit is for $200 or less, the filing fee is $21, plus $12 for each person or business you are suing. If you win, the judgment will include your filing and service fees.

A civil lawsuit is a case in which a person or business asks for money or property from another. The party who brings the lawsuit is called the plaintiff and the party against whom the lawsuit is brought is called the defendant. Any Virginia resident, including corporations, can sue or be sued in GDC.

Upon a properly filed petition, the court will usually issue the ?Rule to Show Cause? commanding the defaulting party to appear at a scheduled court hearing and demonstrate why he or she should not adjudged to be in contempt and then compelled to comply to take or not take certain action.

As to actions in general district courts, a motion objecting to venue, which may be in the form of a letter or other written communication, shall be filed with or received by the court on or before the day of trial. Waiver by any defendant shall not constitute waiver for any other defendant entitled to object to venue.

If you can't afford the filing fee, you can ask the court for a ?fee waiver? in order to file for free. With a fee waiver, you also won't pay for certified copies, sheriff's service of process fees, court reporter fees, or most other costs related to starting a case.

There is a mandatory court filing fee for all divorces that is charged at the time the Complaint is filed. In the state of Virginia, the filing fee is about $80-90, depending on the county.

The ?Petition for Proceeding in Civil Case Without Payment of Fees or Costs? is a form that allows a person who has little income (or who has very high expenses) to ask a Virginia court to ?waive? (which means ?not require?) the fees associated with civil court actions.

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Virginia General Form of Complaint, Petition, or Declaration for Ejectment