Jurisdiction and Extra Compensation

[sb358]

What is the name of your state (only U.S. law)? Virginia

I live in Virginia but provided services to someone living in the District of Columbia. He contacted me via email in response to an ad I placed online.

I met in-person with him twice in DC but afterwards worked with him online from my home in Virginia while he was at his home in DC. He paid me for most of the in-person time in DC but did not pay me for any of the online time. The total he did not pay me for is a little over $800.

He repeatedly emailed me promises to pay, in one email even stating he was very happy with the services and fully intended to pay. After repeatedly making excuses for why he couldn't pay at the moment, he emailed to say he sent payment.

Two weeks later, it still had not arrived and when I contacted him he said I should wait another week. Needless to say it never arrived.

I would like to sue in small claims court but have two questions.

1. Can I sue in Virginia since that is the location from which I did most of the work?

2. Can I sue for extra compensation? If I can't then he really has no incentive to keep this claim out of the court system. Allowing me to take the claim to small courts allows him to delay payment with very little extra cost to himself.

I know I can charge interest and court filing fees, but this is much less cost to him than what he would incur by going to a bank or payday lender.

 

[racer72]

1. Sure you can and would likely win. But your Virginia judgment would be worthless in DC when you try to collect. You would have to domesticate the judgment, ie, go through the whole process all over again. You would be better off suing in DC.

2. Nope, actual damages only.

 

[sb358]

Thanks Racer 72.

Here's an additional piece of information. The defendant to be is employed by a law firm (not as a lawyer) that also has offices in Virginia. The main office is in DC which is where the defendant works, but if I presented a writ of garnishment to the Virginia office, would they honor it if I obtained it through the Virginia court system?

I would like to avoid the DC court system if possible.

 

[racer72]

You have to take action where the other person lives. Your garnishment plan won't work.