Alexandria General District Court, Virginia Document Filing Requirements

CRITICALCourt notice

Applies to

Summons

A court implementing the Program must attach Program information, including eligibility criteria, to each unlawful-detainer summons.

Any general district court of the Commonwealth that implements the Program shall attach information about the Program, including eligibility criteria, to any summons for unlawful detainer.

CRITICALCourt notice

Applies to

Eviction diversion program referral

The referral request must state under oath the tenant’s payment ability and other listed program-eligibility facts.

In support of this request, I state the following under oath: 1. I am able to pay at least 10% of the amount due on the hearing date listed on the Summons for Unlawful Detainer (Civil Claim of Eviction). I will pay $ .. . to the [ ] landlord OR [ ] court on the hearing date. 2. I] I have income and have sufficient funds to pay 30% of the amount due each month in addition to my monthly rent payments until the amount due is paid in full. OR I ]I am not employed but have sufficient funds to pay 30% of the amount due each month in addition to my monthly rent payments until the amount due is paid in full. 3. My reason(s) for being unable to make rent payments is/are as follows: 4. I do not owe outstanding rent under any payment plan executed within the last 12 months. 5. I have not defaulted on any rent payment plan executed within the last 12 months. 6. I have not participated in an eviction diversion program within the last 12 months. I hereby state that the above information is correct to the best of my knowledge.

CRITICALCourt notice

Applies to

Payment plan

A court-ordered payment plan for a tenant in the Program must be completed on Form DC-4102.

If a tenant enters the Program, a court-ordered payment plan will be completed on Form DC-4102.

CRITICALCourt notice

Applies to

Landlord notice of nonpayment

If a tenant misses a plan payment or monthly rent payment, counsel should file Form DC-4103 with the Clerk.

If the tenantfails to make a plan payment or misses a monthly rent payment, counsel should file Form DC-4103 (Landlord's Notice of Nonpayment) with the Clerk and serve a copy on the tenant.

CRITICALCourt notice

Applies to

Request for referral form

The Request for Referral Form must provide the tenant's sworn testimony about income and ability to pay in writing.

To quality, tenants must pay at least 10% of the total amount due at the first docket call, provide sworn testimony as to income and ability to pay (which will be done in writing by completing the Request for Referral Form), and meet the other eligibility criteria under § 55.1-1262(A).

CRITICALCourt notice

Applies to

Tenant affidavit in response to landlords notice of nonpayment

The tenant's affidavit must state that current rent was paid and that the landlord did not properly acknowledge the payment.

unless you file an affidavit with the court stating that the current rent has, in fact, been paid and that the plaintiff/landlord has not properly acknowledged payment of such.

CRITICALCourt notice

Applies to

Written notice

The landlord's written notice must state that the tenant failed to make payments in accordance with the plan.

a written notice, on a form provided by the Executive Secretary, that the tenant has failed to make payments in accordance with the plan.

CRITICALCourt notice

Applies to

Affidavit

If seeking to prevent an order of possession after a missed payment, the tenant must file an affidavit showing that the payment was made.

If you miss a plan payment or a monthly rent payment, your landlord may notify the court. The court will then enter an order of possession (eviction) without another hearing, unless you file an affidavit with the court within 10 days showing the payment was made.

CRITICALCourt notice

Applies to

Request for referral form

Complete the Request for Referral Form and bring it to court on the hearing date.

Complete the Request for Referral Form and bring it to court on your hearing date

CRITICALCourt notice

Applies to

Affidavit

Must include

certificate of service

The tenant’s affidavit includes a certification that a copy was provided to the landlord by mail or hand delivery, with the service date and address.

I certify that I provided a copy of this Affidavit to the landlord by [ ] mailing OR [ ] hand delivering a copy of this Affidavit on the ... day of ...., 2 ...........o the following address: ADDRESS

CRITICALCourt notice

Applies to

Tenant affidavit

The affidavit needed to dispute a notice of nonpayment must be sworn and filed on Form DC-4104.

Unless the tenant files a sworn affidavit (Form DC-4104) within 10 days, the Court will enter an order of possession without further hearing. § 55.1-1262(E).

CRITICALCourt notice

Applies to

Affidavit

The tenant's affidavit must state that the current rent was paid and that the landlord did not properly acknowledge the payment.

an affidavit with the court within 10 days of the date of such notice stating that the current rent has in fact been paid and that the landlord has not properly acknowledged payment of such rent.

CRITICALCourt notice

Applies to

Request for referral form

Eligible tenants must submit a completed Request for Referral Form, using either the Court's modified version or the original Form DC-4101.

Eligible tenants must appear at the first docket call and submit their completed Request for Referral Form. We have adopted a slightly modified version of Form DC-4101 but tenants may also use the original Form DC-4101.

CRITICALCourt notice

Applies to

Landlord notice of nonpayment

The landlord's notice must identify the alleged missed payment and provide details of late or missing payments.

I hereby notify this court that the tenant [ ] failed to make a payment under the court-ordered payment plan AND/OR I ] failed to make current monthly rental payments as contracted for in the rental agreement as described below. PROVIDE DETAILS OF LATE OR MISSING PAYMENTS)

CRITICALCourt notice

Applies to

Court ordered payment plan

The court-ordered payment plan must use the Executive Secretary’s form and state that payments go to the landlord by an authorized method and are received by the fifth day of each plan month.

the plan. The court- ordered payment plan shall be based on a payment agreement entered into by the landlord and tenant, on a form provided by the Executive Secretary, and shall contain the following provisions: 1. All payments shall be (i) made to the landlord; (ii) paid by cashier's check, certified check, money order, or electronic funds transfer; and (iii) received by the landlord on or before the fifth day of each month included in the plan;

CRITICALCourt notice

Applies to

Tenant affidavit

A tenant disputing a Notice of Nonpayment must file a sworn affidavit on Form DC-4104.

If the tenant receives a Notice of Nonpayment (Form DC-4103), they have 10 days to file a sworn affidavit (Form DC-4104) disputing the notice.

WARNINGCriminal cases

A convicted defendant who qualifies for the exemption must complete forms DC-210 and DC-211, including current financial status on DC-210.

If you are convicted and qualify for this exemption, you must fill out a DC-210 (Fines and Costs Payment Agreement/Acknowledgment of Driver's License Status) indicating your current financial status, and DC-211 (Petition for payment Agreement for fines and costs or Request to Modify Existing Agreement).

INFOCourt notice

Applies to

Request for referral form

Either this referral form or Form DC-4101 may be used in the City of Alexandria General District Court.

Either this Form or FORM DC-4101 may be used in the City of Alexandria General District Court