{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-122.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-122.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-122.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-122.4.html"}],"law_id":85511,"edition_id":1,"section_id":85511,"structure_id":15889,"section_number":"16.1-122.4","catch_line":"Representation and removal; rights of parties","history":"1988, c. 799; 1997, c. 243; 2001, c. 74; 2024, c. 58.","full_text":"A\n\nAll parties shall be represented by themselves in actions before the small claims court except as follows:1\n\nA 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\n\nA 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\n\nA 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.","order_by":null,"text":{"0":{"id":306330,"text":"All parties shall be represented by themselves in actions before the small claims court except as follows:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":306331,"text":"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.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":306332,"text":"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.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":306333,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2"}},"ancestry":[{"id":15889,"edition_id":1,"name":"Small Claims Court","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":13175,"metadata":{},"date_created":"2026-06-26 04:01:15","date_modified":"2026-06-26 04:01:15","permalink":{"id":162651,"object_type":"structure","relational_id":15889,"identifier":"5","token":"16.1\/6\/5","url":"\/16.1\/6\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13175,"edition_id":1,"name":"Venue, Jurisdiction and Procedure in Civil Matters","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":162373,"object_type":"structure","relational_id":13175,"identifier":"6","token":"16.1\/6","url":"\/16.1\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":78557,"structure_id":15889,"section_number":"16.1-122.1","catch_line":"Small claims court; designated","url":"\/16.1-122.1\/","token":"16.1\/6\/5\/16.1-122.1","metadata":false},{"id":61478,"structure_id":15889,"section_number":"16.1-122.2","catch_line":"Jurisdiction","url":"\/16.1-122.2\/","token":"16.1\/6\/5\/16.1-122.2","metadata":false},{"id":82419,"structure_id":15889,"section_number":"16.1-122.3","catch_line":"Actions; how commenced; notice; continuances; pleadings","url":"\/16.1-122.3\/","token":"16.1\/6\/5\/16.1-122.3","metadata":false},{"id":85511,"structure_id":15889,"section_number":"16.1-122.4","catch_line":"Representation and removal; rights of parties","url":"\/16.1-122.4\/","token":"16.1\/6\/5\/16.1-122.4","metadata":false},{"id":75382,"structure_id":15889,"section_number":"16.1-122.5","catch_line":"Informal hearings; rules of evidence suspended","url":"\/16.1-122.5\/","token":"16.1\/6\/5\/16.1-122.5","metadata":false},{"id":65381,"structure_id":15889,"section_number":"16.1-122.6","catch_line":"Judgment and collection","url":"\/16.1-122.6\/","token":"16.1\/6\/5\/16.1-122.6","metadata":false},{"id":71873,"structure_id":15889,"section_number":"16.1-122.7","catch_line":"Appeals","url":"\/16.1-122.7\/","token":"16.1\/6\/5\/16.1-122.7","metadata":false}],"previous_section":{"id":82419,"structure_id":15889,"section_number":"16.1-122.3","catch_line":"Actions; how commenced; notice; continuances; pleadings","url":"\/16.1-122.3\/","token":"16.1\/6\/5\/16.1-122.3","metadata":false},"next_section":{"id":75382,"structure_id":15889,"section_number":"16.1-122.5","catch_line":"Informal hearings; rules of evidence suspended","url":"\/16.1-122.5\/","token":"16.1\/6\/5\/16.1-122.5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-122.4\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 799 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1997, chapter 243<\/a>; in 2001, chapter 74<\/a>; in 2024, chapter 58<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":162665,"object_type":"law","relational_id":85511,"identifier":"16.1-122.4","token":"16.1\/6\/5\/16.1-122.4","url":"\/16.1-122.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-122.4\/","token":"16.1\/6\/5\/16.1-122.4","dublin_core":{"Title":"Representation and removal; rights of parties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-122.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> All parties shall be represented by themselves in actions before the small claims court<\/span> except as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> 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<\/span> 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<\/span>, but he may not serve in a representative capacity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A plaintiff<\/span> or defendant<\/span> who, in the judge<\/span>’s opinion<\/span>, is unable to understand or participate on his own behalf in the hearing<\/span> may be represented by a friend or relative if the representative is familiar with the facts<\/span> of the case and is not an attorney. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A defendant<\/span> shall have the right to remove the case to the general district court<\/span> at any point preceding the handing down of the decision by the judge<\/span> and may be represented by an attorney for that purpose. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREPRESENTATION AND REMOVAL; RIGHTS OF PARTIES (\u00a7 16.1-122.4)\n\nA. All parties shall be represented by themselves in actions before the small\nclaims court except as follows:\n\n 1. A corporation, partnership, limited liability company, or other legal or\n commercial entity may be represented by an owner, a general partner, an\n officer, a member, or an employee of that corporation, partnership, limited\n liability company, or other legal or commercial entity who shall have all the\n rights and privileges given an individual to represent, plead, and try a case\n without an attorney. An attorney may serve in this capacity if he is appearing\n pro se, but he may not serve in a representative capacity.\n\n 2. A plaintiff or defendant who, in the judge’s opinion, is unable to\n understand or participate on his own behalf in the hearing may be represented\n by a friend or relative if the representative is familiar with the facts of\n the case and is not an attorney.\n\nB. A defendant shall have the right to remove the case to the general district\ncourt at any point preceding the handing down of the decision by the judge and\nmay be represented by an attorney for that purpose.\n\nHISTORY: 1988, c. 799; 1997, c. 243; 2001, c. 74; 2024, c. 58.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}