Service and Process Flashcards
Who may serve process?
18+, Non party, disinterested in case
Sheriff/deputy (in their city or county or contiguous localities)
The service rules above only apply to…
Process (i.e. complaint and summons.)
When serving indiviuals, Virginia follows a descending order rule. What does that mean?
You can only move down the ladder if one of the prior forms of service is impossible.
What is the hierarchy of service in VA?
- Personal (or “actual”) service
2.Substituted service.
3.Posted service.
What is personal service?
Delivering process directly to D.
THIS MUST BE TRIED (AND UNAVAILABLE) BEFORE YOU CAN TRY ANY OTHERS.
How is substituted service performed?
Deliver a copy of process To D or D’s family at his usual place of abode, 16 years of age not a guest and server must communicate the purpose of documents.
How is posted service performed?
Post a copy of the complaint on the front door of D usual place of abode and 10 days before default judgment, the party causing services or his attorney (1) mails a copy of process, and (ii) files a certificate of the mailing with the court (Nail & Mail)
Service on Corporations
Serve the registered agent, officer, or director. If unavailable, serve the State Corporation Commission’s clerk.
What tolls the statute of limitations? Service or filing?
Filing, so if service is not made until after the statute of limitations has run, that is okay as long as the suit was filed beforehand.
How to Waive Service of Process
P sends a request to the defendant, asking them to waive formal service.
Request includes a 1. copy of the complaint, 2. a waiver form, and 3. a return envelope.
If D agrees, they sign the waiver, which gives them 60 days (instead of the usual 21 days) to respond to the complaint. The defendant doesn’t pay for service costs.
If the defendant does not return the waiver, the plaintiff can proceed with formal service and may request the defendant pay the service costs.
When must process be served
Plaintiff must have process served within 1 year of filing or the case will be dismissed unless he shows due diligence in trying to make service.
Before dismissing, the court must give Plaintiff 30 days’ notice and hold a hearing.
What is the curing statute?
If service was improper but notice actually reaches the intended defendant in a timely manner, the service will be deemed valid, and the court will have jurisdiction over the defendant.
