A. The following persons are authorized to serve process:
1. The sheriff within such territorial bounds as described in § 8.01-295;
2. Any person 18 years of age or older and who is not a party or otherwise interested in the subject matter in controversy. For purposes of this subdivision, an investigator employed by the Indigent Defense Commission shall not be considered to be a party or otherwise interested in the subject matter in controversy while engaged in the performance of his official duties when serving witness subpoenas. For purposes of this subdivision, an investigator employed by an attorney for the Commonwealth shall not be considered to be a party or otherwise interested in the subject matter in controversy while engaged in the performance of his official duties, provided that the sheriff in the jurisdiction where process is to be served has agreed that such investigator may serve process. If a sheriff has agreed that such investigator may serve process, then an investigator employed by an attorney for the Commonwealth may serve process. However, in any case in which custody or visitation of a minor child or children is at issue and a summons is issued for the attendance and testimony of a teacher or other school personnel who is not a party to the proceeding, if such summons is served on school property, it shall be served only by a sheriff or his deputy; or
3. A private process server. For purposes of this section, "private process server" means any person 18 years of age or older and who is not a party or otherwise interested in the subject matter in controversy, and who charges a fee for service of process.
Whenever in this Code the term "officer" or "sheriff" is used to refer to persons authorized to make, return, or do any other act relating to service of process, such term shall be deemed to refer to any person authorized by this section to serve process.
B. Notwithstanding any other provision of law (i) only a sheriff or high constable may execute an order or writ of possession for personal, real, or mixed property, including a writ of eviction arising out of an action in unlawful entry and detainer or ejectment; (ii) any sheriff, high constable, or law-enforcement officer as defined in § 9.1-101 may serve any capias or show cause order; and (iii) only a sheriff, the high constable for the City of Norfolk or Virginia Beach, or a treasurer may levy upon property.
Code 1950, §§ 8-52, 8-54; 1954, c. 543; 1960, c. 16; 1968, c. 484; 1977, c. 617; 1981, c. 110; 1986, c. 275; 1996, cc. 501, 608; 1997, c. 820; 2002, c. 342; 2004, cc. 210, 588; 2011, c. 766; 2018, c. 238; 2019, cc. 180, 700; 2022, cc. 248, 684.
Notes of Decisions
Muse Constr. Grp., Inc. v. Commonwealth of Virginia Bd. for Contractors, 733 S.E.2d 690 (Va. Ct. App. 2012).
· cites it 4× “” Rule 3:4 is 8 Code § 8.01-293(A) authorizes the following persons to serve process: (1) the sheriff; (2) “[a]ny person of age 18 years or older and who is not a party or otherwise interested in the subject matter in controversy”; or (3) a “private process server,” which is…”
Shifflett v. Latitude Props., Inc., 808 S.E.2d 182 (Va. 2017).
“01-293, to be executed, on all the personal estate of or to which the judgment debtor is, or may afterwards and on or before the return day of such writ or before the return day of any wage garnishment to enforce the **481 same, become, possessed or entitled, in which, from its…”
Schellinger v. Stearns, 43 Va. Cir. 268 (Loudoun Cir. Ct. 1997).
· cites it 6× “01-325 is controlling and requires only that a private process server return as proof of service an affidavit stating Ms qualifications under Code § 8.01-293 to serve process, the date and manner of service, and the name of the party served.”
Dispanet v. Dispanet, 54 Va. Cir. 451 (Rockingham Cir. Ct. 2001).
“The return of a sheriff shall be prima facie evidence of the facts therein stated, and the return of a qualified individual under subdivision 3 of § 8.01-293 shall be evidence of the facts stated therein.”
Fadel v. El-Khoury, 65 Va. Cir. 201 (Arlington Cir. Ct. 2004).
“If the party to be served is a resident, then the party seeking service must additionally state that process has been delivered to a sheriff or disinterested person under § 8.01-293, and, if the sheriff or disinterested person was unable to execute service, then the party…”
Antonio Noah Lassiter v. Commonwealth, 620 S.E.2d 563 (Va. Ct. App. 2005).
“The process issued upon any such summons issued by a magistrate, clerk or judge may be served as provided in §§ 8.01-293 and 8.01-296 or § 8.01-299. When issued by a magistrate it may be returned to and the case heard and determined by the judge of a general district court.”
Scearce v. Ingram (W.D. Va. 2023).
· cites it 4× “”4 Va. Code Ann. § 8.01-293 (A)(2). As Scearce’s attorney, he undoubtedly has an interest in the subject matter in controversy.”
Jones v. Brown, 39 Va. Cir. 256 (Norfolk Cir. Ct. 1996).
· cites it 2× “Code § 8.01-293. Service of subpoenas is essential to the discovery process and to the trial of a case.”
Kubli v. Westwood Bldgs. L.P. (Va. 2021).
“01-479 on what is capable of being levied on under those sections, be a lien from the time it is delivered to a sheriff or other officer, or any person authorized to serve process pursuant to § 8.01-293, to be executed, on all the personal estate of or to which the judgment…”
Evans v. Evans (Va. 2021).
“In addition, if the defendant is a resident, the affiant’s signature certifies that process has been delivered to the sheriff or to a disinterested person as permitted by § 8.01-293 for execution and, if the sheriff or disinterested person was unable to execute such service,…”
Ayers v. Brooke Road, LLC (Va. 2021).
“The return of a sheriff shall be prima facie evidence of the facts therein stated, and the return of a qualified individual under subdivision 2 of [Code] § 8.01-293 shall be evidence of the facts stated therein.”
Va. Code Ann. § 8.01-293(2): 1 case
Schellinger v. Stearns, 43 Va. Cir. 268 (Loudoun Cir. Ct. 1997).
“01-325 is controlling and requires only that a private process server return as proof of service an affidavit stating Ms qualifications under Code § 8.01-293 to serve process, the date and manner of service, and the name of the party served.”
Va. Code Ann. § 8.01-293(A): 1 case
Muse Constr. Grp., Inc. v. Commonwealth of Virginia Bd. for Contractors, 733 S.E.2d 690 (Va. Ct. App. 2012).
“” Rule 3:4 is 8 Code § 8.01-293(A) authorizes the following persons to serve process: (1) the sheriff; (2) “[a]ny person of age 18 years or older and who is not a party or otherwise interested in the subject matter in controversy”; or (3) a “private process server,” which is…”
Va. Code Ann. § 8.01-293(A)(2): 1 case
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