In Virginia, can a LLC sue another business/company in small claims court?

A couple of issues here. First the basic answer to your question is yes - with a yes, but thrown in. . .

The Code of Virginia states at § 16.1-122.4. A. 1. that a corporate or partnership plaintiff or defendant may be represented by an owner, a general partner, an officer or an employee of that corporation or partnership who shall have all the rights and privileges given an individual to represent, plead and try a case without an attorney.

BUT, the claim has to be less than $5,000 exclusive of interest anda defendant has the absolute right to remove the case to the general district court at any point preceding the handing down of the decision by the judge and may be represented by an attorney for that purpose.

Practical effect is that the other company can remove to the General Disrict Court as soon s you file and then you MUST (as a company in Virgina) have a lawyer. Let us know if youdecide you need a lawyer (sounds like Fairfax?).

Thomas Dunlap
Dunlap, Grubb & Weaver, PLLC
tdunlap@dglegal.com
www.dglegal.com
Tel 800-747-9354 x 3885
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Small claims http://www.courts.state.va.us/resources/small_claims_court_procedures.pdf