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2004 SESSION

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SB 630 Pleadings and other actions by parties not represented by attorneys; provisions.

Introduced by: Frederick M. Quayle | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED SENATE: (all summaries)

Pleadings and other papers signed by nonattorneys. Adds employees, persons licensed under the provisions of § 54.1-2106.1 (real estate brokers and salespersons) managing agents of a landlord, 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 employee, property manager, managing agent, or licensed person must be given written authorization to sign such pleadings by those individuals now statutorily authorized to sign such pleadings (a corporate officer (with the approval of the board of directors), 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 is identical to HB 976.


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