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Virginia Answer to a Complaint

Virginia Circuit Court gives you 21 calendar days to respond to a complaint under Rule 3:8. File your answer on time or the plaintiff can take a default.

Introduction

A Virginia Answer to a Complaint is the written responsive pleading you file with the clerk of the Circuit Court after you are served with a summons and complaint in a civil case. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. What you must know first is the forum. In Circuit Court, Va. Sup. Ct. R. 3:8 requires you to file pleadings in response within 21 calendar days after service of the summons and complaint. General District Court cases work differently. A General District Court civil warrant, a small claims civil warrant, and an unlawful detainer are return-date matters: no written answer is required to avoid default, and you appear before the court on the return date stated in the warrant or summons. Virginia has no mandated statewide form for a Circuit Court answer, so the answer is a typed pleading on a caption that complies with Va. Sup. Ct. R. 1:4(a), filed with the clerk of the court named in the summons. In General District Court, form DC-442 (Grounds of Defense) is used only if the judge orders it. Miss the Circuit Court deadline and you are in default under Va. Sup. Ct. R. 3:19, and the plaintiff can take a default judgment. DocDraft drafts a Virginia-formatted answer from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Your Circuit Court deadline is 21 calendar days. Under Va. Sup. Ct. R. 3:8, a defendant must file pleadings in response within 21 days after service of the summons and complaint. That is the load-bearing deadline for a general civil case in Circuit Court.

  2. 2

    General District Court cases are return-date matters, not paper deadlines. In a General District Court civil warrant no written answer is required to avoid default. Under Va. Code 16.1-79 you must appear before the court on the return date stated in the warrant, set not exceeding 90 days from the date of service.

  3. 3

    Small claims requires no written answer. Under Va. Code 16.1-122.3 a small claims action is commenced by a civil warrant, the trial is conducted on the first return date, and the defendant must appear on that date rather than file a written answer. The small claims cap is $5,000.

  4. 4

    Eviction has no written answer deadline either. In an unlawful detainer, Va. Code 8.01-126 sets an initial hearing (return date) for a residential dwelling as soon as practicable but not more than 21 days from filing, with the summons served at least 10 days before the return day. You appear at that hearing.

  5. 5

    There is usually no statewide form, so you type the answer. Virginia has no mandated state form for a Circuit Court answer, so you type the answer on a caption that complies with Va. Sup. Ct. R. 1:4(a). In General District Court, form DC-442 (Grounds of Defense) is used only if the judge orders it under Va. Sup. Ct. R. 7B:2.

  6. 6

    There is no fee to file an answer, and a waiver exists. The answer filing fee is $0. If you cannot afford court costs, you can file form CC-1414, the Petition for Proceeding in Civil Case Without Payment of Fees or Costs, based on financial hardship or public assistance.

  7. 7

    A counterclaim is permissive, and know the Virginia defenses. Under Va. Sup. Ct. R. 3:9 a defendant may at their option plead any cause of action as a counterclaim. Common defenses include statute of limitations, payment, and accord and satisfaction, and the limitations period on a written contract is five years under Va. Code 8.01-246.

Key Decisions

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

VIRGINIA: IN THE CIRCUIT COURT OF [CITY / COUNTY], VIRGINIA

[PLAINTIFF NAME], Plaintiff, v. Case No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

ANSWER OF DEFENDANT

Defendant [DEFENDANT NAME], in response to the Complaint of Plaintiff [PLAINTIFF NAME], states as follows.

I. RESPONSES TO ALLEGATIONS

  1. Answering paragraph 1 of the Complaint, Defendant [admits / denies / is without sufficient knowledge or information to admit or deny and therefore denies] the allegations.
  2. Answering paragraph 2 of the Complaint, Defendant [admits / denies / is without sufficient knowledge or information to admit or deny] the allegations. [Continue for each numbered paragraph of the Complaint.]

II. AFFIRMATIVE DEFENSES [State each affirmative defense you intend to rely on, for example: the claim is barred by the five-year statute of limitations on a written contract under Va. Code 8.01-246; the statute of frauds; payment; accord and satisfaction; res judicata; contributory negligence.]

III. COUNTERCLAIM (if any) [State any claim you have against the Plaintiff. Under Va. Sup. Ct. R. 3:9 a counterclaim is permissive, and the defendant may at their option plead any cause of action against the plaintiff.]

IV. PRAYER FOR RELIEF WHEREFORE, Defendant asks that the Court dismiss the Complaint, deny the relief Plaintiff seeks, award Defendant costs, and grant all other relief the Court deems just.

Dated: [DATE]

[SIGNATURE] [DEFENDANT NAME], Pro Se [ADDRESS / PHONE / EMAIL]

CERTIFICATE OF SERVICE I certify that on [DATE] a true copy of this Answer was served on [PLAINTIFF / PLAINTIFF'S COUNSEL] under Va. Sup. Ct. R. 1:12, by [mail / commercial delivery / facsimile / email]. [SIGNATURE]

Virginia Requirements for Answer to a Complaint

21-Day Circuit Court Answer Deadline

In a Circuit Court civil case your responsive pleading is due within 21 calendar days after service of the summons and complaint, under Va. Sup. Ct. R. 3:8. General District Court cases are return-date matters: a civil warrant under Va. Code 16.1-79, a small claims warrant under Va. Code 16.1-122.3, and an unlawful detainer under Va. Code 8.01-126 require no written answer, and you appear on the return date instead.

Typed Pleading, No Statewide Form

Virginia has no mandated statewide form for a Circuit Court answer, so you type the answer as a pleading. In General District Court, the judge may order written grounds of defense under Va. Sup. Ct. R. 7B:2, done on form DC-442 (Grounds of Defense). The answer admits or denies the allegations and states the affirmative defenses you intend to rely on.

Court Caption

Caption the answer for the court named in the summons in a format that complies with Va. Sup. Ct. R. 1:4(a). For a general civil case this is the Circuit Court of the city or county where the suit was filed. Include the case number, the parties' names, and the title Answer of Defendant.

File With the Court Clerk

File your answer with the clerk of the court named in the summons, under Va. Sup. Ct. R. 1:17. E-filing is optional unless a local rule requires it, so you may also file in person or by mail with the clerk of the Circuit Court.

Serve a Copy on the Plaintiff

Under Va. Sup. Ct. R. 1:12, serve a copy of your answer on the plaintiff or the plaintiff's counsel by mail, commercial delivery, facsimile, or email where consented to or normally used, and keep proof of service.

No Answer Fee, Waiver Available

The fee to file an answer in Virginia is $0. If you cannot afford other court costs, file form CC-1414, the Petition for Proceeding in Civil Case Without Payment of Fees or Costs, based on financial hardship or receipt of public assistance.

Affirmative Defenses

State each affirmative defense you intend to rely on, such as statute of limitations, statute of frauds, payment, accord and satisfaction, res judicata, or contributory negligence. The statute of limitations on a written contract is five years under Va. Code 8.01-246. In a debt case, federal law allows you to demand validation under 15 U.S.C. 1692g.

Permissive Counterclaim If Any

Under Va. Sup. Ct. R. 3:9 a counterclaim is permissive, so a defendant may at their option plead any cause of action against the plaintiff. You are not required to bring it with your answer, but pleading a related claim together with the answer keeps the dispute in one case.

Frequently Asked Questions

In a Circuit Court civil case, Va. Sup. Ct. R. 3:8 requires you to file pleadings in response within 21 calendar days after service of the summons and complaint. General District Court cases are different. A General District Court civil warrant, a small claims civil warrant under Va. Code 16.1-122.3, and an unlawful detainer under Va. Code 8.01-126 are return-date matters where no written answer is required to avoid default and you instead appear before the court on the return date. Missing the Circuit Court deadline can lead to a default judgment.

Virginia has no mandated statewide form for a Circuit Court answer, so you type the answer as a pleading on a caption that complies with Va. Sup. Ct. R. 1:4(a) and file it with the clerk of the Circuit Court named in the summons. In General District Court, the judge may order the defendant to file written grounds of defense under Va. Sup. Ct. R. 7B:2, which is done on form DC-442 (Grounds of Defense). The answer admits or denies the allegations and states your affirmative defenses.

File your answer with the clerk of the court named in the summons. General civil cases over $50,000 are heard in the Circuit Court, which also shares jurisdiction up to $50,000 with the General District Court. Small claims up to $5,000 are heard in the Small Claims Court, a division of the General District Court. Under Va. Sup. Ct. R. 1:17 you file with the clerk, and e-filing is optional unless a local rule requires it.

The fee to file an answer in Virginia is $0. If you cannot afford other court costs, you can file form CC-1414, the Petition for Proceeding in Civil Case Without Payment of Fees or Costs. Eligibility is based on financial hardship or receipt of public assistance, and the petition is filed with the same court that is hearing your case.

A defendant who fails to timely file a responsive pleading as prescribed in Va. Sup. Ct. R. 3:8 is in default under Va. Sup. Ct. R. 3:19. A defendant in default is not entitled to notice of further proceedings and is deemed to have waived the right to a jury trial, and the plaintiff can take a default judgment. You may be able to set the judgment aside for good cause before judgment, or for fraud, a void judgment, accord and satisfaction, or military service afterward, under Va. Sup. Ct. R. 3:19(b) and Va. Code 8.01-428.

Yes. Under Va. Sup. Ct. R. 3:9 a counterclaim is permissive, meaning a defendant may at their option plead as a counterclaim any cause of action against the plaintiff. Because it is permissive rather than compulsory, you are not forced to bring it with your answer, but pleading a related claim together with your answer keeps the dispute in one case. The statute of limitations on a written contract is five years under Va. Code 8.01-246.