Legal Question in Disability Law in Virginia

Small Claims Contract Dispute

Through a settlement with a former employer I agreed to a specific amount of dollars following termination and an agreement not to sue under an ERISA violation. The company had 15 days to provide the sum and shorted me over 6000 dollars. They are in Michigan, I currently live in VA but am about to move to North Carolina. In order to file in small claims do I have to file in Virginia and if I do can I also sue them for my travel expenses when it comes time for trial?

The original settlement was agreed to so that I would not file a suit because they dismissed me on the morning I was going to file for disability.


Asked on 2/27/08, 3:53 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Small Claims Contract Dispute

The jurisdictional limit for Virginia

small claims court is $5K and is very likely something similar with respect to N. Carolina.

Assuming that this particular company does not do business in N. Carolina and otherwise has no significant contacts either with that state or Virginia, you will likely have to sue them in Michigan to have any chance of success.

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Answered on 2/27/08, 7:18 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Small Claims Contract Dispute

The jurisdictional limit for Virginia

small claims court is $5K and is very likely something similar with respect to N. Carolina.

Assuming that this particular company does not do business in N. Carolina and otherwise has no significant contacts either with that state or Virginia, you will likely have to sue them in Michigan to have any chance of success.

Read more
Answered on 2/27/08, 7:18 pm


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