Legal Question in Business Law in Virginia

If I purchased an auto part from a supplier online in WIS and it dammaged my vehicle and I reside in VA can I sue them in small claims court here in VA?


Asked on 4/30/10, 11:14 am

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

If they advertise broadly enough so that they would expect to reach Virginia, then yes.

This is a border-line issue. Because you contacted them, you reached out to them in Wisconsin (?). They did not reach out to you in Virginia. So it si a close call.

But if their advertising is so extensive that they would expect to reach people in Virginia, then they will be seen as "reaching out" to Virginia sufficiently to make sales in Virginia expected. Virginia would then have jurisdiction over the sale.

Note that I don't think I would sue in small claims court, but isntead in General District Court.

A corporation must be represented by an attorney. However, there are no attorneys allowed in small claims court.

Therefore, a corporation will simply "remove" the case from small claims court to general district court. So time will be wasted in the process. Probably better just to start in General District Court to start with.

Also, you will need to arrange the paperwork to "serve" the lawsuit on a company outside of Virginia.

Check to see if they have a "registered agent" in Virginia. If not, yo uneed to go through some complicated paperwork to serve them in Wisconsin.

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Answered on 5/05/10, 11:22 am


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