Legal Question in Credit and Debt Law in Virginia
Several months ago I won a judgement for $900 in small claims court from the owner of a tree cutting company who's operation caused damage to my car. No one was hurt. The debtor failed to pay, failed to show for an Interrogatory Summons, and failed to show for two different Rule to Show Cause hearings. The judge recently issued a Capias to have him arrested. His blatent disregard for court orders is causing me significant inconviencene and expense in time of work to attend all these hearings. Can I file a motion for treble damages, with a reasonable chance of winning, to be compensated for this inconvience?
1 Answer from Attorneys
Sure, you could file such a motion but I would expect the
judge to deny it since Virginia law does not recognize a plaintiff's
inconvenience as well as expenses associated with such as a viable basis for the recovery of damages.
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