Virginia small claims

[Medicineman]

I live in Viginia and have a question. According a Viginia Small Claims website, "In order to sue a person or business in Virginia, that person or business (the defendant) must have “minimum contacts” with Virginia. That means that the defendant has a business located in Virginia, does business in Virginia (for example, the defendant is not physically located in Virginia, but sells things here),..." If I have a dispute with a phone or mail order company that is not located in Virginia but sells me something and sends it to my house, is this considered doing business in Virginia and can I sue them here?

 

[ES Counsel]

nope.

 

[CMSC]

in most states to file a smalll claim against someone you need to file where the person lives, works, or attends school full time. you need to file in the state this business is based.

 

[I AM ALWAYS LIABLE]

My response:

I love discussions about "Minimum Contacts" with the forum State. See the U.S. Supreme Court case that started it all, "International Shoe Co. v. Washington" (1945) 326 U.S. 310, 316, 66 S.Ct. 154, 158. This is a very interesting case, if you like lessons in "dry" law.

Just a side note, even if the company owned property in Virginia, you still wouldn't be able to satisfy "Minimum Contacts" with Virginia - - unless, the property was somehow related to the transaction.

IAAL

 

[JETX]

In addition to IAAL's correct response (who the hell is this ES Counsel - his spelling!?? Seems like a 'nope doll'. Just pull the string and he says, "NOPE."), I offer the following to the original writer.

Let's say that you were able to file your lawsuit in Virginia and you win. How will you enforce the VA judgment if the only 'asset' that the mail order company has IN Virginia is a package sitting in the back of a FedEx truck????