Legal Question in Business Law in Virginia
Contact with Defendant prior to appearance in Smalls Claims
I have taken a small auto dealership to small claims court to try to get back money I paid for an extended warrantee they never put into effect. The company has requested I come to them with all pertinent paper work regards the matter, because they have no record of the transaction. My question, should I go and allow them to see my documentation? My reason would be for them to settle the matter,then and there, prior to appearing in court. Provided I make that very clear, that they will do so, would be my only reason for such a meeting. (I will not allow them to make any copies, of contract, cancelled checks, etc.)
1 Answer from Attorneys
Re: Contact with Defendant prior to appearance in Smalls Claims
There is probably no reason to hide this information. If this were in circuit court, they would be entitled to demand it, and it is only because the legislature did not want to require the burden of discovery in small cases that they don't require it in small claims/General District Court. You have nothing to lose -- if they don't settle, you still have your trial.
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