QUESTION

My legal options?

Asked on Feb 05th, 2020 on Breach of Contract - Virginia
More details to this question:
Me and a person decided to make a trade over text for an item for $50. I paid them but they never gave me the item. I have the whole conversation recorded on my phone. Also if I pay for a great lawyer can I also sue for the money lost on my case? Thanks for your time
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Not sure what your question is, but you have a claim for your money damages (the greater of $50 or the amount the value of the item exceeded $50) or specific performance (to compel them to give you the item).  Unless Virginia law is very different from the other states, you have no claim for attorneys' fees absent a contractual provision providing for them (I assume  your contract had no such provision) or a statute authorizing them (I'm aware of none in this situation).  Even if you had such a right, you would only hae the right to collect reasonable attorneys' fees; you would not be able to hire "a great lawyer" and recover $250,000 in legal fees incurred on a $50 case.
Answered on Feb 05th, 2020 at 3:35 PM

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