Legal Question in Landlord & Tenant Law in Virginia

Can my friend represent on my behalf in the small clams court in VA while I live abroad?

I live abroad and recently found out that I was sued with a small claim by my previous tenant in Virginia. Because the warrant was not serviced, the case has been rescheduled. However, my dilemma is that it would be difficult to return to the states for the court.

The claim includes the deductions from the security deposit and their property damages. The deduction was actually only portion among all repairs after they move-out. The lease explicitly states about the requirement for insurance policy to cover their own properties, and hold harmless Landlord from any loss or damage to such personal property.

Based on "the Small Claims Court Procedures"

(http://www.courts.state.va.us/resources/small_claims_court_procedures.pdf), it seems there is some statement about the representations by friend as following:

"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

Would this mean my friend, who is famailiar with all stories, can prepresent while I am abroad?

thank you so much!


Asked on 4/09/18, 4:45 am

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

I don't understand why you would be pursuing this "friend to represent you option" as long as the paperwork in this lawsuit in which you are the defendant cannot be properly

served upon you and apparently never will be as long as you remain outside the United States.

Furthermore, this claim against you will likely expire in about two years or so

based upon the applicable statute of limitations and this would be suer will not be able to later revive it for any reason.

In other words, your best approach to this situation would seem to conjure forth the

old adage having to due with "sleeping dogs"; i.e.,, best to let this one lie (in my opinion).

Office Tel. (703) 838-5577

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Answered on 4/10/18, 7:44 am


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