Legal Question in Consumer Law in Virginia

Hello - I am planning on filing a warrant in debt in small claims court against La z boy for a chair I purchased. I reported defects on the chair on the day delivered over 9 months ago. LZB has made half-hearted attempts to resolve. The last inspector said he would recommend that they make me a new chair. Once he reported back to the corporate office the broke off all communications and will not return my calls. My question is two part; 1) Does this case have a reasonable chance for success in court? 2) I believe in order to present my case I need to subpoena the inspector as well as the executive relations representative I have dealt with for several months. The representative is at corporate headquarters in another state, and corporate wont provide me with the last names of either individual � how do I go about subpoenaing them without their last names? Thanks

Asked on 8/05/16, 6:04 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Ans #1: Would seem to depend upon the credibility of your evidence, i.e., does it at least meet the

preponderance of evidence standard required of most civil cases in the U.S. for a plaintiff to

prevail?

Ans #2: You can't subpoena individuals whose last names are unknown to you. It may be that

regular general dsitricit court as opposed to small claims is where you need to initiate

your filing and where you may be allowed sufficient pretrial discovery to have whatever information

it is disclosed by your defendant adversaries that you need to proceed with your claim.

Answered on 8/06/16, 10:13 am

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