The fact that Circuit Courts have the power to try cases involving complete title, while General District Courts lack such power, is critical and undisputed. It is routine practice for General District Courts to award possession of premises to landlords who prove that the tenants, after having been given proper notice, are behind in their rent or have otherwise violated terms of an agreement to lease. However, General District Courts have traditionally held the authority to determine possession of property in unlawful detainer actions. Unlike the Circuit Courts, they do not have the authority to determine complete title of property. These Courts are presided over by a single judge with the authority to hear misdemeanor criminal cases and civil claims between up to $25,000 at issue. Like the Circuit Courts, there are General District Courts in every city and county in Virginia. The majority of parties going before the court are “pro se,” meaning they are unrepresented by counsel. General District Courts are the entry level courts for most types of cases. The Supreme Court of Virginia is the highest court in the state and its decisions are final. An appeal of the Circuit Court decision would be heard by the Court of Appeals or the Supreme Court of Virginia. An Appeal of the General District Court decision would be heard by a Circuit Court but only after the appellant notes and perfects the appeal including posting a bond in the amount awarded by the lower court. The General District Courts routinely hear landlord/tenant disputes including actions for unlawful detainer. The lowest courts are the General District Courts (civil, traffic and criminal divisions) and the Juvenile & Domestic Relations Court. Fannie Mae, it is important to quickly review the structure of the Virginia judicial system. To understand the ramifications of Parrish v. It is a request for the court to declare that the foreclosure purchaser now has the legal right of possession, and that the previous occupants must vacate the premises. An unlawful detainer is an action against a defendant who lawfully entered into possession of property, but whose right has since ended. In these situations the new property owner (the foreclosure purchaser) must file an action of “unlawful detainer” with the court. When a bank puts a property up for foreclosure sale, the previous occupants sometimes refuse to leave the premises. This case is significant to purchasers of foreclosed properties that are still occupied by the former owners, making litigation to gain possession more complex, time-consuming and costly. Fannie Mae, setting a new precedent for the way in which some types of unlawful detainer actions are tried in Virginia courts. In June of 2016, the Supreme Court of Virginia decided Parrish v.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |