Legal Question in Civil Litigation in Virginia
I sued a contractor and his corporation in Virginia and received a judgment against both. Now he is appealing. I was not awarded lawyer fee because it was not in the contract. Can I sue him in small claims court for the legal cost? Also he lied on the stand I did not have proof with me that day in court. I have in my hand now. Should I turn this evidence to the commonwealth attorney?
1 Answer from Attorneys
No, you cannot now sue in small claims court for the attorney fees that could not be validly claimed nor awarded in the previous general district court action.
Furthermore, it is unlikely that the Commonwealth's Attorney would be interested in prosecuting a case involving alleged perjury in a civil court action. However, if the case is tried anew in the circuit court as a de novo appeal action, your lawyer may be able to bring up the issue of this contractor's allegedly
perjured testimony for purposes of impeaching his testimony in the circuit court
case.
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