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2000 SESSION

002720664
HOUSE BILL NO. 1303
Offered January 24, 2000
A BILL to amend and reenact § 8.01-126 of the Code of Virginia, relating to summons for unlawful detainer.
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Patrons-- McClure, Abbitt, Albo, Bryant, Cantor, Davis, Diamonstein, Hamilton, Ingram, Morgan, Suit and Williams; Senators: Norment and Williams
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1. That § 8.01-126 of the Code of Virginia is amended and reenacted as follows:

§ 8.01-126. Summons for unlawful detainer issued by magistrate, clerk or judge of a general district court.

In any case when possession of any house, land or tenement is unlawfully detained by the person in possession thereof, the landlord, his agent, attorney, or other person, entitled to the possession may present to a magistrate, clerk or judge of a general district court a statement under oath of the facts which authorize the removal of the tenant or other person in possession, describing such premises; and thereupon such magistrate, clerk or judge of a general district court shall issue his summons against the person or persons named in such affidavit. The process issued upon any such summons issued by a magistrate, clerk or judge may be served as provided in §§ 8.01-293 and 8.01-296 or § 8.01-299. When issued by a magistrate it may be returned to and the case heard and determined by the judge of a general district court. If the summons for unlawful detainer is filed to terminate a tenancy pursuant to Chapter 13.2 (§ 55-248.2 et seq., the Virginia Residential Landlord Tenant Act) of Title 55 , the initial hearing on such summons shall occur within fifteen calendar days of service on the tenant. Such summons shall be served at least five days before the return day thereof.