Legal Question in Consumer Law in Virginia

Small Claims filing for Online Purchase

I purchased used software on eBay that was described as authentic and could be re-registered, but when received was unusable. This purchased was for $425. I have all correspondence from the seller and the original distributor which explains the seller misrepresented the item. I have a few questions about my options:

1. I live in Indiana, and the seller in Virginia. Can I file a small claims suit against this seller? 2. In which state do I file?

3. If in Virginia, can I hire a lawyer to handle it all (filing, appearing in court, etc)

4. Can I sue for Lawyer fees too?

5. Can I add cost of travel if I have to appear myself?

6. Can I add time as it took me several days to track down the reason the software would not work. (Needs an update code that the seller did not tell me it needed)

I am trying to get a refund thru other means, but want to know my legal options if necessary.

Thank you,

Catrina Terry


Asked on 10/17/06, 7:53 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Small Claims filing for Online Purchase

You could file your small claims case against the seller in the small claims court in the Virginia locality where the seller resides or maintains his place of business.

In Virginia, lawyers are not allowed to represent clients in small claims court and for $425 it would not be worth it anyway (to hire a lawyer).

You could sue for attorney's fees only if allowed to do so under the contract or purchase agreement which governed the sale of the software and if you had retained an

attorney to represent you.

The costs of your travel to the Commonwealth for the purprose of filing and maintaining the suit would not be recoverable nor would the time you spent investigating the problem of the software's alleged inoperability.

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Answered on 10/17/06, 10:42 am


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