Service of Process Flashcards
Serving process means serving D with:
A summons and a copy of the complaint.
What is a “summons” called in GDC?
A civil warrant or a notice of of motion for judgment, depending on which you use as your complaint.
What’s a summons called in circuit court?
A summons.
Who can serve process in VA?
Process can be served by an adult civilian who’s not interested in the case or by the sheriff or deputy.
An officer may serve in her ________ or ________ and in ____________ localities.
City; county; contiguous.
True or False: P pays the officer’s fee.
TRUE.
What are the three ways to serve process on an individual?
1) Personal Service
2) Substituted Service
#) Posted Service
True or False: P may choose any method of service she likes.
FALSE. VA follows a descending order rule; P can only move down the ladder if one of the “higher” forms of service is impossible.
What is personal service?
Delivering process directly to D. This must be tried and unavailable before other methods are used.
If personal service isn’t available, how can P serve D? And how does this work?
If personal service on D is impossible, P should try substituted service. This involves service on a member of D’s family at least 16 years old (not a guest) at D’s usual place of abode. The process server must tell the person they’re serving the purpose of the documents.
What should P do if personal service and substituted service are not available?
P should have a copy of the process posted on D’s front door, and at least 10 days before taking default judgment, mail process to her and certify to the clerk of court that the mailing took place.
In circuit court, when P mails a copy of the pleadings to D she should also state that if D defaults after 10 days from the mailing:
P may seek default judgment.