Legal Question in Civil Litigation in Virginia
Monies not paid
My spouse is in the military and we are being transfered. I agreed to sell some pieces of furniture to an acquaintance of mine. I delivered the furniture to her several weeks ago, but as of yet have not received any monies that are owed to me for the furniture. I have contacted her several times and have tried to arrange times to meet with her to pick up payment. Am I able to get my furniture back? Should I pursue it through small claims court, being that the value is less than $500.00? Could this be considered criminal? What options do I have at this point?
1 Answer from Attorneys
Re: Monies not paid
Yes, small claims court would appear to be your rightful remedy in this situation, i.e., a warrant in detinue for the return of your furniture, and, in the alternative,(if the furniture cannot be returned for whatever reason) a judgment against this wrongful distrainer for your damages in the amount of its fair market value.