Legal Question in Civil Litigation in Virginia
Where to file
I'm looking to file a complaint in court against a firm/business who does business in both Washington D.C. and Virginia. I have only done business with its office in Virginia and have never had any contact with its' Headquarters office in Washington D.C.. Can I file in a Virginia?
3 Answers from Attorneys
Re: Where to file
Yes, venue for your cause of action against the company could certainly be in Virginia. There would be no need to file in D.C. merely because the company is headquartered there.
Re: Where to file
As long as the company does business in Virginia, you may file there
Re: Where to file
This can be a tricky question, and it depends
on what you mean exactly by those words. Virginia
courts will have jurisdiction over the company
if (a) it has a physical presence (office,
whatever) in Virginia, (b) the transaction that
you are involved in with them was in Virginia,
or (c) they regularly do business in Virginia.
However, what exactly that means can create some
close calls. For example, if you reached out to
them from Virginia into D.C. to buy something
or enter into a contract, then that would not
convey jurisdiction. If they reached out to you
in Virginia, or if they entered Virginia to work
on the project with you, for example, that would
be enough to convey jurisdiction over the
transaction in Virginia.
You say they do business in Virginia. Again,
what exactly does this mean? If people buy
from them in D.C., maybe calling them on the
phone or sending in requests by mail, their
passive responses to the purchase requests of
Virginia residents will not create Virginia
jurisdiction. However, if they enter Virginia
and actively seek business in Virginia, then
you can sue in Virginia.
Generally speaking, it is more difficult to sue
in D.C. than in Virginia.