Legal Question in Real Estate Law in Virginia
My newlywed wife's wedding gown was ruined by a fairly large dry-cleaning chain in Virginia Beach. We paid about $3000 for the dress and it was only worn once. The cleaning company is only offering $50 off the $180 service making our cost now $130. Our receipt states that in certain instances they can be liable up to 10 times the cost of the service in this case 10 x $180 = $1800. We have mentioned our intent to take them to Small Claims court though they have shrugged their shoulders stating there is nothing more they can do. What are our chances in Small Claims court? My wife and I are scheduled to depart in 2 weeks for a 10 month honeymoon trip around the world and we're debating whether we have a legitimate chance. Also wondering if a family member can present the case on our behalf in our absence and/or if we can still file suit in 10 months when we return as we're not sure what the statute of limitations is. Your advice is greatly appreciated. Thanks!
1 Answer from Attorneys
You cannot get it done in 2 weeks, and no a family member cannot do it for you, because the person who dropped off the dress at the dry cleaner's must testify, an dht eperson who picked it up from the dry cleaner's must testify.
You should have at least 3 years, probably 5 years, under the statute of limitations.
I would not expect the business to be cooperative until they are sued.
When you get back, you should go to GENERAL DISTRICT COURT rather than small claims court.
They are very similar, but if the dry cleaners is a corporation or hires an attorney, they will only move the case to General District Court anyway. Filing in GDC will save you that time.
I think your chances are good.. .. UNLESS you have agreed somehow in the receipt or by their policies (if you agreed to posted policies by using hteir services).
The other problem you will have is proving -- you have the buden of proof on everything -- what the gown is worth.
Although it is easy to prove that you paid $3,000, obviously the purpose of a wedding gown is to be worn at the wedding, which is now over. So you may be subject to their objection that once the wedding gown is worn at the wedding it is no longer worth $3,000.
What you might need to do is bring in an expert with an estimate of what it would cost to repair the wedding gown (if that is possible).
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