Isabella Carter
Service of process in Virginia refers to the set of rules that dictate how a party to a lawsuit must be served in order for the state's judiciary to have jurisdiction over them. Service of process may be carried out by any adult who is not a party to the action or interested in the subject matter. Typically, service is performed by a sheriff, who may serve anyone within their jurisdiction or in adjacent cities or counties. In this state, there are a number of alternatives for service of process, ordered by preference. Service by one means must be attempted and proven unavailable before moving on to the next method.
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What You'll Learn
Substituted service
If the party to be served is a corporation or limited liability company, substituted service is permitted by the same means as for individuals if the address of the registered office is a residential home. If a corporation or limited liability company fails to appoint or maintain a registered agent, or if the registered agent cannot be found with reasonable diligence, then service is also permitted through the clerk of the State Corporation Commission. Service on a foreign corporation may also be effected through the clerk of the State Corporation Commission, who will mail a copy to the corporation's registered office.
In the case of a domestic corporation, personal service upon any officer, director, or registered agent of the corporation is required. However, if the registered agent of a domestic corporation delegates the acceptance of service of process to another individual, it is crucial that they alert and provide a copy to the registered agent and risk management team to prevent any failure to respond timely.
If none of the above methods of service are effective, a plaintiff may effect service under the Virginia long-arm statute. To do so, the plaintiff must make an affidavit asserting that the defendant is not a Virginia resident or cannot be found in Virginia despite diligent efforts. The plaintiff sends this affidavit, along with the process itself, to the Secretary of the Commonwealth of Virginia, who then mails a copy of the process by registered or certified mail to the defendant's last known address. At this point, service is deemed complete.
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Personal service
In Virginia, personal service of process is the first form of service that must be attempted. It involves delivering a copy of the process in writing to the party in person. This can be done by any private person who is an adult and who is neither a party to the action nor interested in the subject matter, provided they swear out an affidavit testifying to the time and manner of service. Typically, this process is served by the sheriff, who may serve anyone within their own jurisdiction or in adjacent cities or counties.
If the party to be served is an individual, an effort must be made to serve them in person. However, if the party is unavailable, various alternatives become available, including substituted service. Substituted service may be delivered to the party's usual place of abode, as long as the person receiving it is a family member who is not a temporary sojourner or guest and is 16 years or older. If no one is available to accept delivery of service, it may be posted on the front door or main entrance of the residence. In this case, the plaintiff must also mail a copy of the process to the defendant and certify this with the clerk of the court at least ten days before the default judgment is issued.
In the case of serving process on a corporation, service may be effected on any officer, director, or registered agent of the company. If no registered agent has been named or cannot be found, substituted service may be used. If the corporation is a foreign corporation that has not registered to do business in Virginia, it can still be sued in Virginia courts if it conducts extensive business in the state. Service can be made through the clerk of the State Corporation Commission, who will mail a copy to the corporation's registered office.
For unincorporated associations, orders, or common carriers with their principal office outside Virginia but conducting business in the state, process may be served on any officer, trustee, director, staff member, or agent of the association in the city or county where they are located. Service may also be made on the clerk of the State Corporation Commission, who is deemed to have been appointed as the statutory agent for service of process.
Additionally, if an attorney authorized to practice law in Virginia has entered a general appearance for any party, service may be made to that attorney, with the same effect as if service had been made personally. However, in certain proceedings, such as those involving contempt, personal service on the party is still required.
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Service by mail
Service of process in Virginia is a set of rules indicating how a party to a lawsuit must be served in order for the judiciary of Virginia to have jurisdiction over that party. The first form of service that must be attempted is personal or "actual" service. If the defendant refuses to waive service, the plaintiff can use regular means to waive service of process, and the court may require the defendant to pay the costs of service.
Virginia has a number of alternatives for service of process, ordered by preference. Service by one means must be attempted and shown to be unavailable before the next method is attempted. If the party to be served 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 aged 16 or older. If no one is available to accept delivery of service, then it may be posted on the party's front door or main entrance. Where service is effected by posting, 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.
In the case of a foreign corporation, service 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 that has not registered to do business in Virginia may still be sued in Virginia courts if it does extensive business in the state.
In the case of an unincorporated association, order, or common carrier, process may be served on any officer, trustee, director, staff member, or agent of such an association, or on the clerk of the State Corporation Commission, who is deemed to have been appointed statutory agent of such association.
If none of the above methods are effective, a plaintiff may effect service under the Virginia long-arm statute. To do so, the plaintiff must make out an affidavit asserting that the defendant is not a Virginia resident or cannot be found in Virginia, and provide the defendant's last known address. The plaintiff sends this, along with the process itself, to the Secretary of the Commonwealth of Virginia. The Secretary will then mail a copy of the process by registered or certified mail to that address and file a certificate with the court. At that point, service is deemed to be complete.
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Service on a corporation
Service of process in Virginia refers to the set of rules indicating how a party to a lawsuit must be served in order for the judiciary of Virginia to have jurisdiction over that party. Service on a corporation in Virginia can be effected in the following ways:
Service on a Virginia Corporation
Service on a Virginia corporation 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. If no registered agent has been named or the named agent cannot be found at the address provided, then substituted service can be effected on the clerk of the State Corporation Commission.
Service on a Foreign Corporation
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 that has not registered to do business in Virginia may still be sued in Virginia courts if it conducts extensive business in the state.
Service on a General Partnership
Service on a general partnership may be effected on any general partner. Virginia law holds that this is sufficient to give notice to both the partnership as an entity and to all named partners.
Service on an Unincorporated Association
If an unincorporated association has its principal office outside Virginia but transacts business or affairs in the Commonwealth, process may be served on any officer, trustee, director, staff member, or agent of such association in the city or county in which they may be found. Service may also be effected on the clerk of the State Corporation Commission, who shall be deemed to have been appointed the statutory agent of such association.
Service on a Domestic Corporation or Limited Liability Company
Service on a domestic corporation or limited liability company can be served by personal service upon any officer, director, or registered agent of the corporation or the registered agent of the limited liability company. If the address of the registered office of the corporation or limited liability company is a residential home, substituted service is permitted by the same means as substituted service on individuals.
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Service on a natural person
In Virginia, service of process is a set of rules indicating how a party to a lawsuit must be served in order for the judiciary to have jurisdiction over them. Service of process may be defective if the defendant is not served within one year of the commencement of the action against them. If the defendant is not served within this time, they may file a motion to dismiss.
- By delivering a copy in writing to the party in person.
- By substituted service: if the party to be served is not found at their usual place of abode, by delivering a copy of the process and giving information of its purport to any person found there, who is a member of their family, other than a temporary sojourner or guest, and who is aged 16 or older.
- If substituted service cannot be effected, then by posting a copy of the process at the front door or main entrance of the place of abode. The plaintiff must then mail a copy of the process to the defendant and certify this to the clerk of the court at least 10 days before the default judgment is issued.
- If the above methods are ineffective, a plaintiff may effect service under the Virginia long-arm statute. The plaintiff must make out an affidavit asserting that the defendant is not a Virginia resident or cannot be found in Virginia, and provide the defendant's last known address. The plaintiff sends this, along with the process, to the Secretary of the Commonwealth of Virginia, who will then mail a copy of the process to that address and file a certificate with the court.
In Virginia, service of process is usually performed by the sheriff, who may serve anyone in their own jurisdiction or in adjacent cities or counties. However, 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 they swear out an affidavit testifying to the time and manner of service.
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Frequently asked questions
Defective service of process refers to issues with the way a party to a lawsuit is served with legal documents.
The first form of service that must be attempted is personal (or "actual" service).
Defective service of process in Virginia can occur when the person serving the documents does not follow the correct procedures, such as not attempting personal service before trying alternative methods, or posting the documents in the wrong place.
If a party is not properly served, they may file a motion to "quash" the service, resulting in the court treating the case as if service had not been made.
Substituted service in Virginia involves delivering legal documents to the party's usual place of abode and providing information about the contents to a family member over the age of 16.
