Legal Question in Civil Litigation in Virginia

Where to file

I'm looking to file a complaint in court against a firm/business who does business in both Washington D.C. and Virginia. I have only done business with its office in Virginia and have never had any contact with its' Headquarters office in Washington D.C.. Can I file in a Virginia?


Asked on 9/21/05, 1:01 pm

3 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Where to file

Yes, venue for your cause of action against the company could certainly be in Virginia. There would be no need to file in D.C. merely because the company is headquartered there.

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Answered on 9/21/05, 1:13 pm
Robert Corish Corish, Hill & Associates, PLLC

Re: Where to file

As long as the company does business in Virginia, you may file there

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Answered on 9/21/05, 1:15 pm
Jonathon Moseley Jonathon A. Moseley

Re: Where to file

This can be a tricky question, and it depends

on what you mean exactly by those words. Virginia

courts will have jurisdiction over the company

if (a) it has a physical presence (office,

whatever) in Virginia, (b) the transaction that

you are involved in with them was in Virginia,

or (c) they regularly do business in Virginia.

However, what exactly that means can create some

close calls. For example, if you reached out to

them from Virginia into D.C. to buy something

or enter into a contract, then that would not

convey jurisdiction. If they reached out to you

in Virginia, or if they entered Virginia to work

on the project with you, for example, that would

be enough to convey jurisdiction over the

transaction in Virginia.

You say they do business in Virginia. Again,

what exactly does this mean? If people buy

from them in D.C., maybe calling them on the

phone or sending in requests by mail, their

passive responses to the purchase requests of

Virginia residents will not create Virginia

jurisdiction. However, if they enter Virginia

and actively seek business in Virginia, then

you can sue in Virginia.

Generally speaking, it is more difficult to sue

in D.C. than in Virginia.

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Answered on 9/22/05, 6:52 am


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