SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2004 SESSION

  • | print version

HB 867 Pleadings and other actions by persons not represented by attorneys; provisions.

Introduced by: Kathy J. Byron | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Pleadings and other papers signed by nonattorneys. Restores bona fide employees, persons licensed under the provisions of § 54.1-2106.1 (real estate brokers and salespersons) and property managers to the list of nonattorneys who may sign 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 filed in general district court. The bona fide employee, property manager or licensed person must be authorized to sign such pleadings by those individuals now statutorily authorized to sign such pleadings (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).

Legislation passed in 2003 narrowed the class of signatories of pleadings (by eliminating "bona fide employee[s]") at the same time as it expanded the types of business entities whose authorized representatives could sign such pleadings. Under current law, persons licensed under § 54.1-2106.1 and resident managers can appear in court to recover rent or possession. This bill specifies (1) that property managers can appear in court to recover rent or possession and (2) that a person licensed under § 54.1-2106.1 or a property manager also can sign the necessary pleadings associated with recovery of rent or possession. This bill is incorporated into HB 976.


FULL TEXT

HISTORY