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1998 SESSION

988367212
HOUSE BILL NO. 1354
Offered January 26, 1998
A BILL to amend and reenact § 16.1-122.1 of the Code of Virginia and the second enactment of Chapter 253 of the 1997 Acts of Assembly, relating to small claims divisions in the general district courts.
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Patrons-- Dillard, Albo, Almand, Armstrong, Baker, Brink, Bryant, Callahan, Cantor, Croshaw, Devolites, Grayson, Griffith, Hall, Harris, Hull, Jackson, Johnson, Jones, J.C., Keating, Kilgore, Marshall, May, McClure, McDonnell, McQuigg, Moran, Murphy, O'Brien, Parrish, Plum, Puller, Robinson, Rust, Scott, Tate and Watts; Senators: Gartlan, Howell, Saslaw, Ticer and Woods
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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 § 16.1-122.1 of the Code of Virginia is amended and reenacted as follows:

§ 16.1-122.1. Small claims court; designated.

The On or before January 1, 1999, each general district court in the following jurisdictions may shall establish a small claims division to be designated a small claims court:

1. Fairfax County;

2. Arlington County;

3. Culpeper County;

4. Stafford County;

5. Lancaster County;

6. Albemarle County; and

7. City of Hopewell.

Additionally, the governing body of any other county or city may adopt a resolution seeking to establish within the general district court in its locality a small claims division, which shall be designated a small claims court. In the event that two localities share a general district court, a small claims division shall not be established unless the governing bodies in both localities adopt such resolution.

A small claims court shall not be created in localities requesting such a court unless the General Assembly adopts an act specifically authorizing creation of a small claims division for the locality, or the localities which share a general district court.

2. That the second enactment of Chapter 253 of the 1997 Acts of Assembly is amended and reenacted as follows:

2. That any small claims court created prior to July January 1, 19971999, shall continue in effect.