Ask Experts Questions for FREE Help !
Ask
    russharv63's Avatar
    russharv63 Posts: 65, Reputation: 1
    Junior Member
     
    #1

    Nov 7, 2015, 05:07 PM
    What small claims court do I use?
    I paid for a service from a business which I found on the internet from their website. The business is located in Pennsylvania. The service was performed in Virginia. I live in Lynchburg Virginia and the service was performed in Richmond Virginia. They performed the service by email and never stepped foot in the state of Virginia. They conducted the service only by email. If I decide to sue them in small claims court then which state would I file the lawsuit in Pennsylvania or Virginia. If it is in Virginia then would I sue them in Richmond or Lynchburg small claims court? Again, they contacted me and I them only by email. I paid for the service from my paypal account. They performed a service in Richmond Virginia by contacting them by email. They never came to Richmond Virginia.
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
    Uber Member
     
    #2

    Nov 7, 2015, 07:01 PM
    Quote Originally Posted by russharv63 View Post
    I paid for a service from a business which I found on the internet from their website. The business is located in Pennsylvania. The service was performed in Virginia. I live in Lynchburg Virginia and the service was performed in Richmond Virginia. They performed the service by email and never stepped foot in the state of Virginia. They conducted the service only by email. If I decide to sue them in small claims court then which state would I file the lawsuit in Pennsylvania or Virginia. If it is in Virginia then would I sue them in Richmond or Lynchburg small claims court? Again, they contacted me and I them only by email. I paid for the service from my paypal account. They performed a service in Richmond Virginia by contacting them by email. They never came to Richmond Virginia.
    THEY exist as a business in Pennsylvania... so you have to file in Pennsylvania. How many times do you have to repeat the same thing?

    You should have gone to PayPal if you had an issue... even if you win in small claims court the chances of you collecting are going to be fairly small. You stand a far better chance of actually getting something back through PayPal.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,277, Reputation: 7690
    Expert
     
    #3

    Nov 8, 2015, 12:11 AM
    First it can also depend on the terms of the contract, for example if you use some of the Internet service companies, their terms of contract are that they are governed by the laws of their state and even require arbitration prior to law suits.
    So read your contract. (it may be online on their web sites,

    If you did a online agreement, and I have no idea what you mean the "services was done in VA. (what services, how)

    You can attempt to file in your local court, if the other party after being served, does not file an objection and request for dismissal, it can be heard and even a default judgement rendered.

    The real issue is collecting, winning is easy, (maybe) but getting money from them another issue
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #4

    Nov 8, 2015, 05:43 AM
    Quote Originally Posted by Fr_Chuck View Post
    ...
    You can attempt to file in your local court, if the other party after being served, does not file an objection and request for dismissal, it can be heard and even a default judgement rendered.

    The real issue is collecting, winning is easy, (maybe) but getting money from them another issue
    Before you do that, check the small claims rules in Virginia to see if the rules allow suing an out-of-state company. Also, if you were to file in Pennsylvania you might have to actually go there for trial.

    Also, make sure the Virginia "long arm statute" allows a Pennsylvania company to be sued under the contacts you describe.

    If you get a Virginia judgment, you may have to have it registered in Pennsylvania in order to levy upon it there; they may not have any Virginia assets (such as a bank account).
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Nov 8, 2015, 06:39 PM
    While I agree with the others mostly, especially going through Paypal first.

    It would help if we know more about the service and why you think you have a case against them. Before you waste time seeking redress you should get opinions about whether you have a case for redress.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Small Claims Court [ 3 Answers ]

If a party owes money lives in another state, can you use your local Small Claims court to collect? Florida vs Colorado ?

Can I go to small claims court? [ 10 Answers ]

I lent friend of mine 11000$ back in June of 2009 so that he could purchase a car. He told me that he would pay me back in full by Labour Day of that same year. There were a few bumps along the way and about a 18 months after Labour day 2009, I started to get the feeling that he was lying to me...

Small claims court [ 3 Answers ]

My husband is being sued by his EX-mother-in-law for "multiple personal loans" that she claims were made to him and her daughter over the years of their marriage in the amount of $4,200. He has no idea what she is talking about and she refuses to give him any information or details. (see you in...

Friend claims I owe him money and is taking it to small claims court [ 2 Answers ]

I was on holiday with a friend who booked and paid for a trip. When we got home he asked me for the money for this trip. He never told me how much it cost or that he would want me to contribute until afterwards. I have told him that he should have asked first and I wouldn't have gone as I cannot...


View more questions Search