Legal Question in Business Law in Virginia

Sort of long story, sorry. I am the sole owner of an LLC with 9 part-time employees. An employee stole $350-worth of equipment and later claimed a payroll dispute. The employee filed a Warrant in Debt in General District Court asking for money. I filed for an injunction, proceeding pro se in Circuit Court, for the return of the equipment. The Circuit Court judge did not hear the case, issued a ruling stating that I was practicing law without a license by representing my LLC, a class 1 misdemeanor, and denied the injunction. The General District case is coming up at the end of the month. Attorneys are not allowed in General District Court. The Warrant in Debt was filed on me, personally, and on the LLC with no service to the Registered Agent. All of the iNet literature I have found says I can represent myself pro se as an officer of the LLC but the Circuit Court judge says I can't. How do I defend myself in General District Court?


Asked on 11/16/11, 3:10 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

You are not correct in asserting that "Attorneys are not allowed in General

District Court". What you likely mean is that attorneys are not permitted to

represent clients in the branch of general district court known as small

claims court, and if that is the court which in fact has jurisdiction in the

matter described, you should have no problem in filing a counterclaim for the

return of your property (warrant in detinue) or, if such is not possible, then in making a request for an award of a judgment in your favor for its fair market value.

P.S. Your attempt to defend against this lawsuit by filing pro se for an injunction in the circuit court was utterly misguided (in my opinion).

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Answered on 11/18/11, 8:14 am


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