Virginia State Process Server

$169 Routine - $219 Rush

In Virginia, process serving refers to the delivery of legal documents, such as summons, complaints, or subpoenas, to the parties involved in a legal action. Below are the key rules and guidelines for process serving in Virginia:

1. Who Can Serve Process?

Sheriffs: Sheriffs are generally responsible for serving process in Virginia. They can serve documents anywhere within their jurisdiction.
Private Process Servers: Any person who is 18 years of age or older and not a party to the case can serve process, including private individuals or professional process servers.
Attorney or Party in the Case: Attorneys or parties involved in the lawsuit can serve process, but they must not be parties to the case.

2. Methods of Service

Personal Service: The most effective and preferred method of service. The documents are physically handed to the individual being served.
Substitute Service: If personal service is not possible, service can be made on a person of suitable age and discretion at the defendant’s usual place of abode. This is often referred to as "substitute service."
Service by Mail: If a person cannot be personally served, Virginia law allows service by certified mail, return receipt requested. This is allowed for certain documents like summons and complaints, but not all legal documents.
Service by Publication: In some cases, if a defendant cannot be located after due diligence, the court may allow service by publication in a local newspaper. This requires a motion to the court, and approval is not automatic.

3. Service on Corporations

Service on a corporation can be made by delivering the documents to an officer, director, managing agent, or authorized agent of the corporation.
For registered agents of a corporation, service can be made to the registered office address listed with the Virginia State Corporation Commission.

4. Proof of Service

After serving the documents, the process server must file a proof of service (also known as an affidavit of service) with the court. This document confirms that the service was completed and includes the date, time, and manner of service, along with the name and address of the person served.
The proof of service can be a sworn statement or affidavit from the server.

5. Time Limits for Service

Generally, in Virginia, the initial service of process must be completed within 12 months of filing the lawsuit.
If service is not made within this period, the case may be dismissed unless the party seeking service can show good cause for the delay.

6. Additional Considerations

Service on Government Entities: Special rules apply when serving government entities or employees. Service on state agencies, such as the Virginia Department of Transportation, must be made in accordance with specific guidelines.
Military Status: If the defendant is in the military, special procedures must be followed to ensure compliance with the Service Members Civil Relief Act (SCRA), which provides protections against default judgments.

7. Special Circumstances

Injunctive Relief: In cases where a party seeks an injunction or other emergency relief, service may be required to occur more quickly than usual.
Foreign Process Serving: If you need to serve a party outside of Virginia but within the U.S., you may use the methods allowed by the laws of the jurisdiction in which the party resides. For international service, Virginia follows the procedures set forth by the Hague Convention.