Legal Question in Consumer Law in Virginia
How to serve out of state co. for small claims?
Need to file in small claims court against company doing mail order business from IN. Obviously, I want to file in my local court (since the item was sent to my home), but how do I serve the out of state defendent? Is there any chance that the claim will be moved to the defendants state? New to this, so all help/advice appreciated. Thanks.
1 Answer from Attorneys
Re: How to serve out of state co. for small claims?
Take a look at Va. Code title 8.01, chapter 9, section 12.1-19.1 and title 13.1, chapter 9. Service of process and questions of jurisdiction are fairly complicated, so be sure you've read up on those before you file. It would also be wise to read the Uniform Enforcement of Foreign Judgments Act.
You'd better be sure you've got the defendant's name right and know for sure what kind of "person" the defendant is, legally.
No, the action cannot be transferred to another state if you file in a Virginia state court. It can be dismissed for lack of proper service, or for lack of jurisdiction, however.
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