1998 Uncodified Acts

1998 Virginia Uncodified Acts
5/28/2022

CHAPTER 779

An Act to amend and reenact § 16.1-122.1 of the Code of Virginia and the second enactment of Chapter 253 of the 1997 Acts of Assembly, relating to small claims divisions in the general district courts.

[S 276]

Approved April 22, 1998

Be it enacted by the General Assembly of Virginia:

1. That § 16.1-122.1 of the Code of Virginia is amended and reenacted as follows:

§ 16.1-122.1. Small claims court; designated.

The On or before July 1, 1999, each general district court in the following jurisdictions may shall establish, using existing facilities, a small claims division to be designated a small claims court:.

1. Fairfax County;

2. Arlington County;

3. Culpeper County;

4. Stafford County;

5. Lancaster County;

6. Albemarle County; and

7. City of Hopewell.

Additionally, the governing body of any other county or city may adopt a resolution seeking to establish within the general district court in its locality a small claims division, which shall be designated a small claims court. In the event that two localities share a general district court, a small claims division shall not be established unless the governing bodies in both localities adopt such resolution.

A small claims court shall not be created in localities requesting such a court unless the General Assembly adopts an act specifically authorizing creation of a small claims division for the locality, or the localities which share a general district court. Such courts shall not have jurisdiction over suits against the Commonwealth under the Virginia Tort Claims Act (§ 8.01-195 et seq.) or suits against any officer or employee of the Commonwealth for claims arising out of the performance of their official duties or responsibilities.

2. That the second enactment of Chapter 253 of the 1997 Acts of Assembly is amended and reenacted as follows:

2. That any small claims court created prior to July 1, 1997 1999, shall continue in effect.