Legal Question in Civil Litigation in Virginia

Hi,

I am S.Seshadri an Indian Attorney. My website www.lawconcern.com. ( I also handle LPO jobs like summary of judgments, petitions etc. For any query please contact me on [email protected]

I answered free an Indian woman's query about her International Matrimony Dispute ( Husband files for Divorce in US Court NY and Wife files for Restitution of Conjugal Rights in Mumbai, India).

Subsequently she asked me for a paid opinion by email and after some haggling, the fee was agreed at Indian Rupees 7000 ( USD 140 at exchange rate of 1 USD=50 INR). I dispatched the detailed opinion to her by email which she neither acknowledged nor replied. Thereafter, after some email reminders, I sent a letter to her Mumbai Case handling Attorney to remind her client to pay my fees. Then she wrote a email to me stating that she was too busy and did not see the opinion at all. So I again I sent another email with opinion and the letter to Mumbai Attorney for her ready reference asking her not to commit BREACH OF TRUST. Yet she replied by email that she will get back to me some time. But no payment at all.

I have all the email correspondence and my query is, Under US law ( My client stays in VA as per her email correspondence), How can I recover my fee of INR 7000 quickly? US Attorney Letter to her? Recovery Litigation? Criminal Complaint for cheating? Any compensation in addition to my fee, like Mental Agony etc? Will a US attorney file without fee on the understanding of a percentage of recovered amount?

Please advise. Thanks.


Asked on 11/22/09, 5:30 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

If the amount in dispute is only $140, your remedy would appear to be small claims court in Virginia in order to collect it. (Lawyers are not permitted to represent clients in Virginia small claims courts so you would have to represent yourself.)

And, no, I do not see the matter alleged as appropriate for a criminal complaint nor would recovery lie for "Mental Agony" (in my opinion) which in the Commonwealth would be known as the Intentional Infliction of Emotional Stress.

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Answered on 11/27/09, 7:33 am
Daniel Press Chung & Press, P.C.

The only thing I would add to Mr. Hendrickson's answer is that you could also file suit in regular General District Court with an attorney. However, to sue for $140.00 is just not worth it. If the defendant appears in court to defend, you will need to be there to testify at trial.

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Answered on 11/27/09, 10:59 am


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