Legal Question in Construction Law in Virginia

Appearing against LLC in Court Case

I won a judgment in VA general disrict court against a contractor who is an LLC. He had acted pro se in general district court and had limited rights. He has now appealed his case to circuit court. I filed a praecipe after two months of him doing nothing but blocking collection of my judgment with the appeal. I filed to get a venue on a motion that he perfected the appeal to late (33 days.) I have got a trial date but not a hearing date for a pretrial motion as of yet. The contractor has initially filed the case ''pro se'' and he came to docket court with no legal counsel, but again pro se. QUESTION-Can an LLC act pro se in circuit court in the state of VA? If not, what steps can I take to end the mockery as it appears he is just trying to get me to exhaust money for my own legal expense?


Asked on 10/06/04, 10:41 am

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

Re: Appearing against LLC in Court Case

I believe that the LLC can appear pro se in the circuit court to appeal the matter with the same rights and limitations which were granted to the defendant in the lower court.

Your remedy is to make a persusive case at the hearing before the circuit court on your motion to have the defendant's appeal dismissed for failure to perfect the appeal in a timely manner.

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Answered on 10/15/04, 4:01 pm


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