Service of Process

Question 1

Serving process means…

Answer 1

Serving the defendant with a “summons” and a copy of the complaint.

Question 2

A summons tells the defendant…

Answer 2

That she’s been sued and what she needs to do to avoid default.

Question 3

In General District Court, a summons is called either:

Answer 3

1. A warrant (if using a civil warrant as complaint); or
2. A notice of motion for judgment (if using a motion for judgment as complaint).

Question 4

Process may be served by…

Answer 4

Any person of age 18 years or older and who is not a party or otherwise interested in the subject matter of the controversy; OR by the sheriff or deputy.

Question 5

An officer may serve process…

Answer 5

In her city or county and in contiguous localities.

Question 6

Who pays the officer’s fee for service of process?

Answer 6

The plaintiff.

Question 7

Under the Virginia descending order rule for service of process, the party serving process must first attempt:

Answer 7

Personal (or actual) service.

Question 8

Personal service means…

Answer 8

delivering process directly to the defendant.

Question 9

If one serving process has attempted (and found impossible) personal service, one may next attempt:

Answer 9

Substituted service.

Question 10

The requirements in Virginia of substituted service are:

Answer 10

1. Service at the Defendant’s usual abode;
2. Served upon a member of the Defendant’s family, at least 16; and
3. The process server must tell that person the purpose of the documents.

Question 11

If personal and substituted service are not possible, a defendant may use…

Answer 11

posted service and the curative statute.

Question 12

Posted service and the curative statute require…

Answer 12

1. Posting a copy of process on Defendant’s front door;
2. Mailing process to the Defendant and certifying to the clerk that the mailing took place;
3. When step 2 is completed at least 10 days before plaintiff takes default judgment.

Question 13

In circuit court, when the plaintiff mails the copy of the pleading to the defendant, she should also state that…

Answer 13

If the defendant defaults, after 10 days from the mailing, the plaintiff may seek default judgment.

Question 14

The curative statute states that:

Answer 14

If service of process is timely and actually reaches the intended recipient, it will be effective even if the formalities are not exactly followed.

Question 15

To serve process under the long-arm statute, the Virginia option requires:

Answer 15

1. Plaintiff executing and filing an affidavit setting forth that the D is a nonresident or cannot be found with due diligence at the D’s last-known address;
2. Plaintiff giving process and a copy of the affidavit to the Secretary of the Commonwealth;
3. The Secretary sending process to the D by certified mail; and
4. The Secretary sending a certificate of mailing to the court.

[deemed complete when certificate is received by the clerk of court.]

Question 16

To serve process under the long-arm statute, the out-of-state option requires:

Answer 16

The plaintiff to arrange for personal service out of state by one authorized to serve process there [and in a manner authorized by that state’s laws].

Question 17

For service on Domestic [Virginia] Corporations and Foreign [Non-Virginia] Corporations, a plaintiff may personally serve:

Answer 17

1. The registered agent; or
2. Any officer; or
3. A director.

Question 18

All corporations incorporated in Virginia [and non-Virginia corporations qualified to transact business here] must designate…

Answer 18

A registered agent to receive service of process.

Question 19

If the registered agent of a corporation cannot be found at the registered office, then the plaintiff can serve…

Answer 19

the clerk of the State Corporation Commission.

Question 21

If a non-Virginia corporation is not registered to do business here or has not appointed a registered agent, service can be made on any:

Answer 21

1. Officer;
2. Director; or
3. Agent of the corporation found in Virginia.

Question 21

If one serving process cannot find a sufficient agent of a non-Virginia corporation,

Answer 21

they may serve process by delivering two copies of process and an affidavit of the corporation’s last known address to the clerk of the State Corporation Commission.

Question 22

Under the Nonresident Motorist Act, process may be served…

Answer 22

By giving an affidavit of due diligence and of the defendant’s nonresidence to The Commissioner of Motor Vehicles.

Question 23

Plaintiff must have process served within…

Answer 23

1 year of filing.

[or the case will be dismissed unless he shows due diligence in trying to make service].

Question 24

Before a court dismisses an action due to failure to serve process, they must:

Answer 24

give the plaintiff 30 days’ notice and hold a hearing.

Question 25

After serving process, one must file…

Answer 25

Proof of service [“the return”] within 72 hours of serving process.