Civil judgment procedure; damages, witnesses, failure of defendants to appear. (HB446)

Introduced By

Del. Manoli Loupassi (R-Richmond)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Civil judgment procedure; damages, witnesses, failure of defendants to appear. Allows a plaintiff to obtain judgment in an action upon note or contract without further evidence where plaintiff submits an affidavit and statement of account, provided that the defendant does not appear and plead under oath or file with the court, before the return date, an affidavit or responsive pleading denying that the plaintiff is entitled to recover from the defendant on the claim. The bill further allows a plaintiff to amend the amount requested in the affidavit and statement of account in such a situation and increases from 90 days to 120 days the time during which a plaintiff for whom a verdict or judgment and grant of possession is entered on a unlawful detainer or forcible or unlawful possession claim may continue the case to establish final rent and damages. The bill adds managing agents in unlawful detainer claims brought in general district court to the list of individuals exempt from being excluded as a witness in a civil case. The bill removes the requirement that the proof of notice be attached to a warrant or motion in certain sworn claims brought in a court not of record. Amends § 16.1-88, § 8.01-128, § 8.01-28, § 8.01-375, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/07/2016Committee
01/07/2016Prefiled and ordered printed; offered 01/13/16 16101078D
01/07/2016Referred to Committee for Courts of Justice
01/14/2016Assigned to sub: Subcommittee Civil Law
01/14/2016Assigned App. sub: Subcommittee Civil Law
01/14/2016Assigned Courts sub:
02/01/2016Subcommittee recommends reporting with amendment(s) (10-Y 0-N)
02/03/2016Reported from Courts of Justice with substitute (21-Y 0-N) (see vote tally)
02/03/2016Committee substitute printed 16104866D-H1
02/05/2016Read first time
02/08/2016Read second time
02/08/2016Committee substitute agreed to 16104866D-H1
02/08/2016Engrossed by House - committee substitute HB446H1
02/09/2016Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/09/2016VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
02/10/2016Constitutional reading dispensed
02/10/2016Referred to Committee for Courts of Justice
02/22/2016Reported from Courts of Justice (11-Y 0-N 2-A) (see vote tally)
02/23/2016Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/24/2016Read third time
02/24/2016Floor substitute printed 16105786D-S1 (Obenshain)
02/24/2016Reading of substitute waived
02/24/2016Substitute by Senator Obenshain agreed to 16105786D-S1
02/24/2016Engrossed by Senate - floor substitute HB446S1
02/24/2016Passed Senate with substitute (40-Y 0-N) (see vote tally)
02/25/2016Placed on Calendar
02/26/2016Senate substitute agreed to by House 16105786D-S1 (97-Y 0-N)
02/26/2016VOTE: ADOPTION (97-Y 0-N) (see vote tally)
02/29/2016Enrolled
02/29/2016Bill text as passed House and Senate (HB446ER)
02/29/2016Signed by Speaker
03/03/2016Signed by President
03/04/2016Enrolled Bill communicated to Governor on 3/4/16
03/04/2016G Governor's Action Deadline Midnight, March 11, 2016
03/07/2016G Approved by Governor-Chapter 281 (effective 7/1/16)
03/07/2016G Acts of Assembly Chapter text (CHAP0281)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 2 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.



Sen. Mark Obenshain (R-Harrisonburg): DAY'S WORK. IF YOU LIKE A MINIMUM WAGE INCREASE THIS IS A STEP IN THE RIGHT DIRECTION.

[Unknown]: THE REQUEST HE IS SHALL HOUSE BILL 428 PASS. ALL IN FAVOR OF THE MOTION WILLA YE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CH ANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL. AYES -- AYES 35, NOS 5. >> AYES 35, NOS 5. THE BILL PASSES. HOUSE BILL 446. A BILL RELATING TO CIVIL JUDGMENT PROCEDURE; DAMAGES; WITNESSES; FAILURE OF DEFENDANTS TO APPEAR. REPORTED FROM COMMITTEE FOR COURTS OF JUSTICE. AND THERE IS A FLOOR SUB.

Sen. Mark Obenshain (R-Harrisonburg): THE SENATOR FROM ROCKINGHAM.

[Unknown]: I MOVE TO WAIVE THE READING OF THE FLOOR SUBSTITUTE. THE QUESTION IS SHALL THE READING OF THE FLOOR SUBSTITUTE BE WAIVED. THOSE OPPOSED, NO. ALL IN FAVOR SAY AYE. THE AYES HAVE IT. THE READING OF THE FLOOR SUBSTITUTE IS WAIVED. THE SENATOR FROM ROCKINGHAM. MR. PRESIDENT, I MOVE THAT THE FLOOR SUBSTITUTE BE AGREED TO AND SPEAKING TO THAT. MR. PRESIDENT AND LADIES AND GENTLEMEN THIS IS AN EARTH MOVING BILL CONCERNING UNLAWFUL DETAINER. SIMPLY IT DOES A COUPLE OF THINGS. ONE IS IT INCREASES THE PERIOD OF TIME FOR WHICH THE LANDLORD CAN RECOVER UNPAID RENTS. SECOND, IT CHANGES THE STATUTES WITH RESPECT TO WHO CAN APPEAR IN COURT AND ALLOWS A RENTAL AGENT TO APPEAR IN COURT AND NOT BE EXCLUDED IN THE COURTROOM AND IT REMOVES A REQUIREMENT THAT AN AFFIDAVIT BE SERVED EARLIER NOTIFYING THE TENANT OF THE DAMAGES. IT REQUIRES THAT -- AND THIS REMOVES THE AFFIDAVIT REQUIREMENT THAT WOULD HAVE REDUCED THE NOTICE TO THE TENANT THAT IS REQUIRED UNDER THE LAW. AND SIMPLIFIES THIS. THE OTHER TWO ELEMENTS WOULD STILL BE IN HERE. THIS WAS QUESTION WHETHER IT WOULD BE APPROPRIATE TO DEPRIVE THE TENANT THE NOTICE. QUESTION IS SHALL THE FLOOR SUBSTITUTE ABOUT HE BE AGREED TO. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT.