It depends, there really isn't enough information here to tell you what your chances are. If you win the case itself then your chances are probably 75% or better. However, you may also want to talk to a lawyer there about hiring them and getting them to remove it out of Small Claims court.

Another issue, when you said you did a motion to transfer venue did you challenge it based on the fact that you shouldn't have been sued in VA? If so, who told you to file a Motion to Transfer Venue? Where did you try to transfer it to?

Were you sued as a corporation or individually?

The problem is that you shouldn't have filed a motion to transfer venue. That is only used when transferring the case inside the state. You should have filed a contest to the jurisdiction of any VA court to hear the case. Unfortunately, when you filed the Motion to Transfer Venue without challenging the jurisdiction you then consented to jurisdiction. You may want to file the correct motion now and claim that VAs rules against having an attorney represent you caused the problem, which may give you an argument on appeal if you decide to go that route.

As to your question about them garnishing your business account, if you are sued as a business then they can register an out of state judgment in your state and then seize your checking account. You may want to visit with a local lawyer and see how you might be able to mess this up because there are a number of jurisdictional issues with the case.


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It is probably too late since you have to object to jurisdiction before you file anything else and a failure to do so waives any right. However, it may be worth doing just to protect your rights if the judgment ever comes to FL. You can probably hire a lawyer to prepare one pretty reasonable either in person or through a website like odesk.com or elance.com.

Even though you can't have a lawyer at small claims in VA you may want to consult one there about what to do now and to see about filing a Counterclaim and removing the case from small claims court. You will likely have a better chance that way.


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I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

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Then you definitely need an attorney. If it is not small claims court then you cannot represent your corporation and the fact that you did so could be sued as evidence to get to personal assets.


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We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.

I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.