The cost of an eviction in Virginia for all filing, court, and service fees can vary based on the county. For cases filed in General District Court, the average cost is $110.
| Fee | General District |
| Initial Court Filing | ~$48+ |
| Summons Service | ~$12+ |
| Writ of Eviction Service | $25+ |
| Writ of Eviction Execution | $25 |
| Notice of Appeal Filing (Optional) | $50 |
These filing, court, and service fees do not include outside costs such as legal fees or post-eviction fees (i.e., locksmith fees, storage costs for a tenant’s abandoned property, cleaning service fees, repair costs, or advertising costs for a vacant dwelling unit).
1. Initial Court Filing Fee
In Virginia, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Unlawful Detainer”) with the court.
The filing fee for an initial Unlawful Detainer varies by county. For example, in James City County the filing fee is $48 for claims of any amount. In Pittsylvania County, the filing fee is $52 for claims $500 or less and $55 for claims $500.01 to $25,000.
2. Summons Service Fee
Once a Complaint is filed in Virginia, the court will issue a Summons. The Summons is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when and where to appear in court). The landlord must arrange for a process server to deliver the Summons to the tenant.
Service fee varies by process server. For example, a sheriff can charge $12 [ttip number=’1′ icon=’popover-balance’] for delivering a Summons; however, a registered private process server can charge more.
3. Writ of Eviction Service Fee
In Virginia, if the court rules in favor of the landlord, the court shall issue a Writ of Eviction. The writ is the tenant’s final notice to vacate the premises.
The writ is issued by the court 10 calendar days after judgment is entered. A sheriff can charge a service fee of $25 [ttip number=’2′ icon=’popover-balance’]to deliver the writ, plus $12 for each additional tenant.
Once the tenant is served, they will have 72 hours to vacate the premises.
4. Writ of Eviction Execution Fee
In Virginia, if a tenant remains at the premises after the writ expires, a sheriff can execute the writ by removing the tenant from the premises.
They can charge a fee of $25 [ttip number=’3′ icon=’popover-balance’] for executing the writ and returning to the property to remove the tenant. Once the writ is executed, the sheriff shall restore possession of the property to the landlord.
5. Notice of Appeal Filing Fee
If either party chooses to file an Appeal, they may do so as long as the Notice of Appeal is filed within 10 calendar days of the judgment. The Appeal will be transferred and heard in Circuit Court. The filing fee is $50. [ttip number=’4′ icon=’popover-balance’]
Sources
- 1 VA Code § 17.1-272. (2021)
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A. The fee for process and service in the following instances shall be $12:
1. Service on any person, firm or corporation, an order, notice, summons or any other civil process, except as herein otherwise provided, and for service on any person, firm, or corporation any process when the body is not taken and making a return thereof, except that no fee shall be charged for service pursuant to § 2.2-4022.
- 2 VA Code § 17.1-272.5 (2021)
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B. The fees for process and service in the following instances shall be $25:…2. Service of a writ of possession or writ of eviction, except that there shall be an additional fee of $12 for each additional defendant.
- 3 VA Code § 17.1-272 (2021)
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B. The fees for process and service in the following instances shall be $25:…6. Levying an execution.
- 4 VA Code § 17.1-418 (2021)
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§ 17.1-418. Fees charged by Clerk of the Court of Appeals.
The Clerk of the Court of Appeals shall charge the following fees:1. For filing a notice of appeal or initiating any matter under the original jurisdiction of the court, $50 payable by check or money order to the Clerk of the Court of Appeals. Twenty-five dollars of each fee collected under this section shall be apportioned to the Courts Technology Fund established under § 17.1-132.
