Virginia § 16.1-122.4 - Representation and removal; rights of parties

Full text of Virginia Code of Virginia § 16.1-122.4 — Representation and removal; rights of parties, with citation guidance and answers to common questions.

§ 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 corporation, partnership, limited liability company, or other legal or commercial entity may be represented by an owner, a general partner, an officer, a member, or an employee of that corporation, partnership, limited liability company, or other legal or commercial entity 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.

2. A plaintiff or defendant who, in the judge's opinion, is unable to understand or participate on his own behalf in the hearing may be represented by a friend or relative if the representative is familiar with the facts of the case and is not an attorney.

B. A defendant shall have the right to remove the case to the general district court at any point preceding the handing down of the decision by the judge and may be represented by an attorney for that purpose.

1988, c. 799; 1997, c. 243; 2001, c. 74; 2024, c. 58.

Source: official Virginia text · Last verified 2026-08-27

Frequently Asked Questions About Virginia § 16.1-122.4

What does Code of Virginia § 16.1-122.4 cover?

Section 16.1-122.4 ("Representation and removal; rights of parties") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Virginia § 16.1-122.4?

A common citation format is "Code of Virginia § 16.1-122.4" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Virginia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.

How does Virginia § 16.1-122.4 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.