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2003 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 16.1-88.03 and 55-246.1 of the Code of Virginia are amended and reenacted as follows:
§ 16.1-88.03. Pleadings and other papers by certain parties not represented by attorneys.
A. Any corporation or, partnership, limited liability company, limited
partnership, professional corporation, professional limited liability company,
registered limited liability partnership, registered limited liability limited
partnership or business trust, when the amount claimed in any civil action
pursuant to subsection (1) or (3) of § 16.1-77 does not exceed the
jurisdictional amounts authorized in such subsections, exclusive of interest,
may prepare, execute, file, and have served on other parties in any proceeding
in a general district court a warrant in debt, motion for judgment, warrant in
detinue, distress warrant, summons for unlawful detainer, counterclaim,
crossclaim, suggestion for summons in garnishment, garnishment summons, writ of
possession, writ of fieri facias, interpleader and civil appeal notice without
the intervention of an attorney. A partnership shall sign such pleadings by a
general partner, and a corporation shall sign such pleadings by its president,
vice-president, treasurer, or other officer or full-time bona fide employee
authorized to do so by its board of directors. Such papers may be signed by a
corporate officer, a manager of a limited liability company, a general partner of any form
of partnership or a trustee of any business trust. However, this section shall
not apply to an action under § 16.1-77 (1) or (3) which was assigned to a
corporation, partnership, limited liability company, limited partnership,
professional corporation, professional limited liability company, registered limited
liability partnership, registered limited liability limited partnership or business
trust, or individual solely for the purpose of enforcing an obligation owed or
right inuring to another.
B. Nothing in this section shall allow a nonlawyer to file a bill of particulars or grounds of defense or to argue motions, issue a subpoena, rule to show cause, or capias; file or interrogate at debtor interrogatories; or to file, issue or argue any other paper, pleading or proceeding not set forth in subsection A.
C. The provisions of § 8.01-271.1 shall apply to any pleading, motion or other paper filed or made pursuant to this section.
§ 55-246.1. Who may recover rent or possession.
Notwithstanding any rule of court to the contrary, any person licensed under
the provisions of § 54.1-2106.1 or resident manager employed by such person,
partnership, association, or corporation, limited liability company, limited
partnership, professional corporation, professional limited liability company, registered limited
liability partnership, registered limited liability limited partnership or business
trust may obtain a judgment (i) for possession in the general district
court for the county or city wherein the premises, or part thereof, is situated
or (ii) for rent or damages in any general district court where venue is proper
under § 8.01-259, against any defendant who fails to appear in person or by
counsel and is in default if the person seeking such judgment had a contractual
agreement with the landlord to manage the premises for which rent or possession is
due.