Arlington, VA asked in Small Claims for Virginia

Q: Can I take someone to court in the state in which I live, even though the wrong was done to my property in another one?

A neighbor was arrested for trespassing on my property and stealing a cellular camera. The property in question is a house/land for sale in Louisiana, but I currently reside in Virginia(moved last year). I cannot fly to Louisiana for court proceedings, as the airfare might be more than the small claim! But it seems that it would be unjust to forbid me from taking him to court here in Virginia ... after all, he’s the criminal currently in jail. I would think that the inconvenience should rightly fall on the wrong-doer.

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1 Lawyer Answer

Steve Miyares

Answered
  • Norfolk, VA
  • Licensed in Virginia

A: Virginia does not have jurisdiction over an issue in Louisiana. But before you try anything else, you should check with the prosecutor in Louisiana who handled the criminal prosecution of this case. I am not licensed in Louisiana to know the answer, but it is possible that as part of his sentence on the criminal case, he might have been irdered to pay you reatituion. The Louisiana prosecutor should be able to give you that information. Good luck

1 user found this answer helpful

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