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Sueing a an out of state corporation, Virginia

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rickinva

Junior Member
What is the name of your state? Virginia

I want to sue an out of state corporation. It is my belief that they are running a bait and switch scam in this area. They Post the price of something on a sign and when it gets scanned at the register it is a different price. I wrote to the company twice, the second time a district manager contacted me. Said he would correct the problem. Never offered to refund the difference. It is now 4 months later and the problem still exists, it happens at several locations and I have saved my reciepts to prove it. who do I need to have served when I file this with the court? and what are my chances of getting punitive damages as well?

Thanks in advance,
Rick
 


racer72

Senior Member
Contact the Virginia State Corporation Commission for the company's registered agent. Most if not all states require businesses to have contact just for the purpose of having someone to sue. You will sue the company through the registered agent.
 
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rickinva

Junior Member
Contact the Virginia State Corporation Commission for the company's registered agent. Most if not all states require businesses to have contact just for the purpose of having someone to sue. You will sue the company through the registered agent.
So would it be just the registered agent or should it be company, pres, vice pres , and ???

Thank You both for your answers, it was a great help so far.
 

rickinva

Junior Member
Update

Well we had our first court date, They of course denied owing the money so a new date was set for the judge to hear the case on May 1st.I had asked for permission to take a picture of the sign and of course they denied that stating no photography on the premisses. I have filed my Bill of Peticulars and a subpoena for the sign to be brought to court. Outside of court I was told by their rep that they will not pay and that they will spend 100 times the amount of the suit to fight me. He also made many excuses as to why it happened and to why I am not going to win. I have witness' that will state they heard the cashiers refuse to adjust the price when I pointed it out. I figure they will just appeal the case forever hoping I will tire of it.

Any thoughts?

Thanks,
Rick
 

rickinva

Junior Member
update

Today was supposed to be my day in court, for the judge to hear the case. After our last encounter I was a bit worried if I would win this, but still felt I was right. They refused to let me take a picture of the sign which was the basis for my claim, without it I felt I was going to come up short for proof. After much reading I found out how to subpoena it to court and did so. I filed my Bill of Peticulars on time, which the judge only gave me 7 days to do so. They had an attorney represent them, of course. He contacted me and after several phone calls made an offer of settlement. The offer of course was very low and I didnt accept. In the course of dealing with him , I told him I didnt have any ill will towards the company , but no amount of assurances now would work. They had almost 7 months since I first tried to correct this problem with them. He finally said what would you find acceptable. I told him I would take 1/2 the amount of the suit, with the stipulation that they would fix the problem in 60 days and it wouldnt happen again. All parties agreed to this and we dismissed the case, for now. Some people are going to say they settled because it was cheaper than fighting it. Some people here have falsely said I would not get punitive damages, however under va code I was allowed 500 or a refund which ever is greater, or if I could prove it was deliberate 1000 or a refund which ever is greater. I can tell you that the refund would have been 3 dollars and I received more than that:eek: It wasnt about the money for me, it was about right and wrong. They were given the chance to correct the problem and chose to ignore it, so it didnt go away. I have deliberately not said the companies name, I dont want to bring problems to them. But I can assure you I have marked the calender and on the 65th day I am going to check to see if it was fixed. For those of you who are in the process I can only say read read read and double check everything. I also didnt look for ways to prove my case but ways to disprove there defense. There is tons of information available, and the people here a good source, but you need to do your share of research.
 

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