Re: I'd disagree

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Posted by Natalie-VA on November 15, 2009 at 12:32:37:

In Reply to: I'd disagree posted by John Merchant on November 12, 2009 at 18:03:06:

Hi John,

Now you've got me thinking, and searching the code of Virginia. I found the following with regard to courts NOT of record:

§ 16.1-81.1. Certain corporations; pro se representation.
When the amount in controversy in any action at law in a general district court does not exceed the sum of $2,500, exclusive of interest, attorney fees contracted for in the instrument, and costs, a corporate plaintiff or defendant, the stock of which is held by no more than five persons and is not publicly offered or planned to be publicly offered at the time of the litigation, may be represented by an officer of that corporation who shall have all the rights and privileges given an individual to represent, plead, and try a case without an attorney, provided that such officer has the unanimous consent of all the shareholders to do so.

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§ 16.1-122.4. Representation and removal; rights of parties.
A. All parties shall be represented by themselves in actions before the small claims court except as follows:
1. A corporate or partnership plaintiff or defendant may be represented by an owner, a general partner, an officer or an employee of that corporation or partnership who shall have all the rights and privileges given an individual to represent, plead and try a case without an attorney. An attorney may serve in this capacity if he is appearing pro se, but he may not serve in a representative capacity.

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It can get confusing. They refer to an amount of $2500, but they also refer to small claims cases, which can go up to $5000. All of this takes place in our General District Court which has jurisdiction on most claims up to $15,000.

Also, I don't see anything about LLCs, just corps. It's definitely not a cut and dried matter, IMHO.

I think I'll just give up on this issue until I really need to know......hopefully never.

--Natalie

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