A. Service of process on the statutory agent shall have the same legal force and validity as if served within the Commonwealth personally upon the person for whom it is intended. It shall be the duty of the Commissioner of the Department of Motor Vehicles or the Secretary of the Commonwealth as statutory agent to:
1. Provide a receipt to a party seeking service who serves process on the statutory agent by hand delivery or any other method that does not provide a return of service or other means showing the date on which service on the statutory agent was accomplished. The party seeking service shall be responsible for filing such receipt in the office of the clerk of court in which the action is pending;
2. Forthwith send by registered or certified mail, with return receipt requested, a copy of the process to the person named therein and for whom the statutory agent is receiving the process; and
3. File an affidavit of compliance with this section with the papers in the action; this filing shall be made in the office of the clerk of the court in which the action is pending.
A1. The duties of the Clerk of the State Corporation Commission as statutory agent are governed by § 12.1-19.1.
B. Unless otherwise provided by § 8.01-313 and subject to the provisions of § 8.01-316, the address for the mailing of the process required by this section by the Commissioner of the Department of Motor Vehicles or the Secretary of the Commonwealth shall be that as provided by the party seeking service. The address for mailing the process served on the Clerk of the State Corporation Commission is specified in subsection D of § 12.1-19.1.
C. The time for a nonresident to respond to process sent by the Commissioner of the Department of Motor Vehicles or the Secretary of the Commonwealth as statutory agent shall run from the date when the affidavit of compliance is filed in the office of the clerk of the court in which the action is pending. The time for a person, corporation, or other entity to respond to process sent by the Clerk of the State Corporation Commission as statutory agent shall run from the date when the certificate of compliance is filed as required by subsection B of § 12.1-19.1.
Code 1950, § 8-67.2; 1954, c. 333; 1970, c. 680; 1972, c. 408; 1976, c. 26; 1977, c. 617; 2013, c. 113; 2024, c. 454.
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1988–2024 · leading case:
Dennis v. Jones, 393 S.E.2d 390 (Va. 1990).
Dennis v. Jones, 393 S.E.2d 390 (Va. 1990).
· cites it 2× “” Code § 8.01-312(A). Under Code § 8.01-307(2), the term “nonresident” includes any person who, though a resident of the Commonwealth when the accident happened, has been continuously outside the state for at least 60 days next preceding the date when the process is left with…”
White v. Lively, 304 F. Supp. 2d 829 (W.D. Va. 2004).
“§§ 8.01-312, -326.1 (Michie 2000). On September 29, 2003, the Commissioner filed in the state court his certificate of compliance with the mailing requirement.”
Baker v. Pulliam, 42 Va. Cir. 175 (Richmond County Cir. Ct. 1997).
· cites it 3× “01-329 by reference, provides that “[sjervice of process on the statutory agent shall have the same legal force and validity as if served within the Commonwealth personally upon the person for whom it is intended.”
McIntyre v. Wright, 33 Va. Cir. 142 (Fairfax Cir. Ct. 1993).
· cites it 6× “Va. Code Ann. § 8.01-312 . (Emphasis added.”
Ivonee Cedeno v. For Every Body, LLC (Va. Ct. App. 2024).
· cites it 2× “She asserts that the circuit court misinterpreted the relevant service of process statutes, including Code §§ 8.01-312 and 13.1-1057, as well as the phrase “latest known mailing address” in Code § 12.”
Banks v. Leon, 975 F. Supp. 815 (W.D. Va. 1997).
· cites it 4× “Section 8.01-312 further provides that: *816 operation of a motor vehicle by a nonresident shall be deemed equivalent to an appointment by such nonresident of the Commissioner of the Department of Motor Vehicles .”
Grizzle v. Freed, 55 Va. Cir. 244 (Richmond County Cir. Ct. 2001).
“the address for the mailing of the process as required by § 8.01-312 shall be the last known address of the nonresident.”
Va. Code Ann. § 8.01-312(A): 2 cases
Dennis v. Jones, 393 S.E.2d 390 (Va. 1990).
“” Code § 8.01-312(A). Under Code § 8.01-307(2), the term “nonresident” includes any person who, though a resident of the Commonwealth when the accident happened, has been continuously outside the state for at least 60 days next preceding the date when the process is left with…”
Baker v. Pulliam, 42 Va. Cir. 175 (Richmond County Cir. Ct. 1997).
“01-329 by reference, provides that “[sjervice of process on the statutory agent shall have the same legal force and validity as if served within the Commonwealth personally upon the person for whom it is intended.”
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