Virginia Code

Va. Code Ann. § 8.01-315 (2026)

Notice to be mailed defendant when service accepted by another

✓ current as of May 2026

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No judgment shall be rendered upon, or by virtue of, any instrument in writing authorizing the acceptance of service of process by another on behalf of any person who is obligated upon such instrument, when such service is accepted as therein authorized, unless the person accepting service shall have made and filed with the court an affidavit showing that he mailed or caused to be mailed to the defendant at his last known post-office address at least ten days before such judgment is to be rendered a notice stating the time when and place where the entry of such judgment would be requested.

Code 1950, § 8-70; 1977, c. 617.

Notes of Decisions

Cited in 1 case, 2011–2011 · leading case: T.D. Bank, N.A. v. Frey, 83 Va. Cir. 68 (Fairfax Cir. Ct. 2011).

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T.D. Bank, N.A. v. Frey, 83 Va. Cir. 68 (Fairfax Cir. Ct. 2011). · cites it 4× “Despite their containing the same phrase which the Clerk relies on in this case, none of these Code sections contemplates any involvement by the Clerk or imposes any duty on him to personally ensure that the various requirements are complied with prior to allowing a judgment to…”

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