- Who sends it
- The general district court clerk or a magistrate issues it at the new owner's request, and a sheriff or other officer serves it on you
- What it starts
- A court case with a return date at least 10 days after you are served
- Do this first
- Write down the return date and time, plan to be in court, and call legal aid at 866-534-5243
What this document is in Virginia
The new owner files a sworn statement with a magistrate, or the clerk or judge of the general district court, and the court issues a summons (Va. Code § 8.01-126(B)). The statewide form is DC-421, "Summons for Unlawful Detainer (Civil Claim for Eviction)."
After a foreclosure, it usually follows the three-day termination notice. The form has a box the owner checks when the case is to end a tenancy not governed by the Virginia Residential Landlord and Tenant Act, which can fit a former owner.
The summons can be handed to you, left with a family member age 16 or older at your home, or posted on your main door, as the form's service section shows.
What it does and does not mean
- It is not an eviction yet. No one can remove you until there is a judgment and the sheriff carries out a writ of eviction.
- The form tells you that you are not required to come to court, but if you do not come, judgment may be entered against you and you may be evicted, and a writ of eviction may be issued immediately.
- If you disagree with the case, the form says you must come to court on the return date, either for trial or for the judge to set a trial date.
- The owner can ask for possession at the first hearing and also ask for fair market rent, damages, attorney fees and costs (Va. Code §§ 8.01-126(F)(4), 8.01-128).
- The form's section on paying to dismiss the case is written for leases where the only reason is unpaid rent, so it may not fit a former owner after foreclosure.
- It is against the law for your employer to fire you or take negative action because you missed work to come to this hearing, if you gave reasonable notice (Va. Code § 18.2-465.1, printed on the form).
The deadlines it starts and how to count them
- The summons must be served at least 10 days before the return date (Va. Code § 8.01-126(B)). If you got it less than 10 days before court, tell the judge and legal aid.
- If the judge orders a bill of particulars or grounds of defense, the form lists a due date. Meet it.
- If you object to where the case was filed, the form says to file your written objection before the trial date or give it to the judge on the return date.
- After a judgment, you have 10 days to appeal to circuit court. The appeal bond must be posted and the writ tax paid within 10 days of the date of judgment, but no indigent defendant has to post an appeal bond (Va. Code § 8.01-129).
See what happens after a Virginia foreclosure sale for the full eviction timeline.
What to do this week
- Find the court's name, address, return date and time on the front of the form. Arrive early.
- Bring the termination notice, any letters from the new owner, the notice of sale, and proof of anything the owner agreed to.
- Call legal aid at 866-534-5243 (866-LEGLAID) today. If you need a disability accommodation, the form says to contact the court ahead of time.
- If you plan to move, tell the owner in writing and ask whether it will agree to a move-out date in court.
- Check whether the trustee owes you surplus money from the sale. See Virginia foreclosure surplus funds.
Free help in Virginia
The Virginia Judicial System Court Self-Help site says housing cases are heard in general district court and that this is a very technical area of law with strict deadlines. It points to VA Law Help 2 Go eviction guides, VirginiaLawHelp.org and the Virginia Poverty Law Center's Eviction Defense Center. The Virginia foreclosure help page lists more.
The rest of the Virginia process
See how foreclosure works in Virginia, the timeline, ways to stop it and free help in Virginia, or read the national guide to this letter.
Common questions
What happens if I miss the return date on a Virginia eviction summons?
Form DC-421 warns that judgment may be entered against you and you may be evicted, and that a writ of eviction may be issued immediately. If you missed court, call legal aid right away to ask about your options.
How long do I have to appeal a Virginia eviction judgment?
10 days. The appeal goes to circuit court, and the bond must be posted and the writ tax paid within 10 days of the judgment. Va. Code § 8.01-129 says no indigent defendant is required to post an appeal bond.
Can the court order me to pay rent after a Virginia foreclosure?
Yes, it can. A former owner who stays becomes a tenant at sufferance and is responsible for fair market rent from the sale date until moving out, plus damages, reasonable attorney fees and court costs (Va. Code § 8.01-126(F)(4)).
Other Virginia letters
- Appointment of Substitute TrusteeA Virginia Appointment of Substitute Trustee names the person or law firm the lender has picked to run a trustee's sale of your home. It does not set a sale date by itself. But a new trustee is often named shortly before a sale, so treat it as a warning to get help now.
- Subordinate Mortgage Affidavit and 60-Day NoticeSince 2024, some holders of a Virginia second mortgage must send you a sworn affidavit about monthly statements and a notice before they can ask a trustee to sell. They cannot charge interest or fees for months when required statements were not sent. You have 60 days from mailing before a sale can be requested, and you can ask a court for an accounting.
- Notice of Trustee's Sale (written notice of proposed sale)In Virginia, this is the main foreclosure notice. For a home you live in, it must be mailed at least 60 days before the auction, show what you owe in arrears and point you to free counselors and legal aid. It also says in plain words that it is not a notice to vacate.
- Written Termination Notice (three-day notice after foreclosure)If you are still living in your single-family home on the day of the Virginia foreclosure sale, you become a tenant at sufferance. The new owner can end that with a written termination notice given at least 3 days ahead, and then file an eviction case. The notice itself does not let anyone remove you.
- Writ of Eviction (and the sheriff's 72-hour notice)A writ of eviction is the court's order telling the sheriff to give the new owner possession of the home. In Virginia, the sheriff must give you at least 72 hours' notice with the date and time. Use that time to move your things and call legal aid.
Sources
- Va. Code § 8.01-126 (summons for unlawful detainer)
- Va. Code § 8.01-128 (verdict and judgment; damages)
- Va. Code § 8.01-129 (appeal from general district court)
- Virginia courts: Form DC-421, Summons for Unlawful Detainer (Civil Claim for Eviction)
- Virginia Judicial System Court Self-Help: Landlord - Tenant