Service of process in Virginia
Encyclopedia
Service of process in Virginia encompasses the set of rules indicating how a party
to a lawsuit
must be given service of process
in the state of Virginia
, in order for the courts of Virginia
to have jurisdiction
over that party. In the Virginia General District Court, the summons is referred to as either a "warrant" or as a "notice of motion for judgment" depending on the kind of case brought. In the Virginia Circuit Court
it is simply called a summons.
testifying to the time and manner of service. Usually, process is served by the sheriff, who may serve anyone in his own jurisdiction, or in adjacent cities or counties.
or in a criminal case, although a court may strip such immunity from the party if justice demands.
. The Secretary will then simply mail a copy of process by registered or certified mail to that address, and files a certificate with the court indicating that this has been done. At that point, service is deemed to be complete.
may be effected on any officer or director of the company, or on the company's registered agent
(every company is required to name a registered agent); however, if no registered agent has been named (or the named agent can not be found at the address provided), then substituted service can be effected on the clerk of the State Corporation Commission. Similarly, service on a foreign corporation may be effected through the company's registered agent, or through the clerk of the State Corporation Commission (who will mail a copy to the corporation's registered office), or to any officer or director of the company who can be found in Virginia. A foreign corporation which has not registered to do business in Virginia may still be sued in Virginia courts if it does extensive business in the state. Service on a general partnership
may be effected on any general partner, which Virginia law holds to be sufficient to give notice to both the partnership as an entity, and to all named partners.
The curing statute does not apply to cases for divorce
or annulment
.
Party (law)
A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. Parties include: plaintiff , defendant , petitioner , respondent , cross-complainant A party is a person or group of persons that compose a single entity which can be...
to a lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
must be given service of process
Service of process
Service of process is the procedure employed to give legal notice to a person of a court or administrative body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal...
in the state of Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
, in order for the courts of Virginia
Courts of Virginia
Courts of Virginia include:State courts of Virginia*Supreme Court of Virginia**Court of Appeals of Virginia***Virginia Circuit Court ****Virginia General District Court...
to have jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
over that party. In the Virginia General District Court, the summons is referred to as either a "warrant" or as a "notice of motion for judgment" depending on the kind of case brought. In the Virginia Circuit Court
Virginia Circuit Court
The Virginia Circuit Courts are the state trial courts of general jurisdiction in the Commonwealth of Virginia. The Circuit Courts have jurisdiction to hear civil and criminal cases. For civil cases, the courts has authority to try cases with an amount in controversy of more than $4,500 and has...
it is simply called a summons.
Waiver of service
As in federal court, the plaintiff may seek a waiver of service by mailing the defendant two copies a request to waive service of process along with a form provided by the court, and a prepaid envelope for return delivery. A Virginia defendant may return the waiver within 30 days, and will then be given 60 days from the date that the request was sent to file a responsive pleading. An out-of-state defendant has 60 days to return service, and then gets 90 days to file a response. If the defendant refuses to waive service, the plaintiff then uses the regular means to waive service of process and the court may require the defendant to pay the costs of service.Effecting service
Virginia has a number of alternatives for service of process, statutorily ordered by preference. Service by one means must be attempted and shown to be unavailable before the next method is attempted.Who may serve
If service is not waived (or a waiver is not requested) then personal service of process may be effected by any private person who is an adult, and who is neither a party to the action nor interested in the subject matter, provided such person swears out an affidavitAffidavit
An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public...
testifying to the time and manner of service. Usually, process is served by the sheriff, who may serve anyone in his own jurisdiction, or in adjacent cities or counties.
Personal service
The first form of service which must be attempted is personal (or "actual" service). There is no immunity from service for a person who is only in Virginia to appear in a civil case. Such immunity does attach if the person is only in Virginia to appear as a witness before a grand juryGrand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
or in a criminal case, although a court may strip such immunity from the party if justice demands.
Substituted service
Where the party to be served is an individual, an effort must be made to serve the party in person, but if the party is not available, various alternatives become available. First, substituted service may be delivered to the usual place of abode of the party, so long as the person receiving it is:- a family member of the party
- at least 16 years old
- not a "guest or temporary sojourner" at that location, and
- informed of the nature of the process being delivered.
Posted service
If no person is available to accept delivery of service, then it may simply be posted on the party's front door (or whichever door appears to be the main entrance). Posting the document on any other surface will be ineffective. Where service is effected by posting in this manner, the plaintiff must then also mail a copy of the process to the defendant and certify the same to the clerk of the court at least ten days in advance of the issuance of a default judgment. Because the party's last known address will be accepted by the court as their "usual place of abode", a renter who has skipped out on the rent will deemed effectively served even if the notice is posted on, and mailed to, the apartment which that person has abandoned.Service under the long arm statute
Where none of the above methods are effective, a plaintiff may effect service under the Virginia long arm statute. In order to effect service in this manner, the plaintiff must make out an affidavit asserting that the defendant is not a resident of Virginia, or can not be found in Virginia with due diligence, and recites the defendant's last known address. The plaintiff sends this, along with the process itself, to the Secretary of the Commonwealth of VirginiaSecretary of the Commonwealth of Virginia
The Secretary of the Commonwealth is a member of the Virginia Governor's Cabinet. The office is currently held by Janet Polarek.-Duties of the Secretary of the Commonwealth:# Serving as the Keeper of the Seal of the Commonwealth...
. The Secretary will then simply mail a copy of process by registered or certified mail to that address, and files a certificate with the court indicating that this has been done. At that point, service is deemed to be complete.
Service on business organizations
Service on a Virginia corporationCorporation
A corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...
may be effected on any officer or director of the company, or on the company's registered agent
Registered Agent
A registered agent, also known as a resident agent or statutory agent, in United States business law, is a business or individual designated to receive service of process when a business entity is a party in a legal action such as a lawsuit or summons...
(every company is required to name a registered agent); however, if no registered agent has been named (or the named agent can not be found at the address provided), then substituted service can be effected on the clerk of the State Corporation Commission. Similarly, service on a foreign corporation may be effected through the company's registered agent, or through the clerk of the State Corporation Commission (who will mail a copy to the corporation's registered office), or to any officer or director of the company who can be found in Virginia. A foreign corporation which has not registered to do business in Virginia may still be sued in Virginia courts if it does extensive business in the state. Service on a general partnership
General partnership
In the commercial and legal parlance of most countries, a general partnership or simply a partnership, refers to an association of persons or an unincorporated company with the following major features:...
may be effected on any general partner, which Virginia law holds to be sufficient to give notice to both the partnership as an entity, and to all named partners.
Curing statute
A party, whether an individual or a corporation, who is not properly served may move to "quash" service of process, which will result in the court treating the case as though service had not been effected. However, under Virginia law, process will be deemed sufficient so long as the person to whom it was directed actually received it within the time prescribed by law.The curing statute does not apply to cases for divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
or annulment
Annulment
Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place...
.