You say that you intend to file your claim in Virginia small claims court.
If so, how do you propose to convince the judge that such a court of limited jurisdiction and guided by relaxed and informal rules of procedure can assume personal jurisdiction over your nonresident defendant? Assuming that is, that personal service cannot be obtained within the state.
In other words, are you certain that a Virginia small claims court can invoke the state's long arm statute entitling it to exercise personal jurisdiction over a nonresident defendant?
If I were you, I'd be MORE concerned about obtaining a Virginia money judgment confident that it will be entitled to full faith and credit and thus enforceable in New Jersey THAN fussing over who performs the needed service of process.
Here is what i gleaned from an online source regarding the statue in VA
A court may exercise personal jurisdiction over a person, who acts directly or by an agent, as to a cause of action arising from the person’s:
4. Causing tortious injury in this Commonwealth by an act or omission outside this Commonwealth if he regularly does or solicits business,or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in this Commonwealth;
As far as i know he is still employed in Virginia and plans to reside in state later.
