A. When the exercise of personal jurisdiction is authorized by this chapter, service of process or notice may be made in the same manner as is provided for in Chapter 8 (§ 8.01-285 et seq.) in any other case in which personal jurisdiction is exercised over such a party, or process or notice may be served on any agent of such person in the county or city in the Commonwealth in which that agent resides or on the Secretary of the Commonwealth of Virginia, hereinafter referred to in this section as the "Secretary," who, for this purpose, shall be deemed to be the statutory agent of such person.
B. When service is to be made on the Secretary, the party or his agent or attorney seeking service shall file an affidavit with the court, stating either (i) that the person to be served is a nonresident or (ii) that, after exercising due diligence, the party seeking service has been unable to locate the person to be served. In either case, such affidavit shall set forth the last known address of the person to be served. For the mailing, by the clerk to the party or his agent or attorney, in accordance with subsection C, of verification of the effective date of service of process, the person filing an affidavit may leave a self-addressed, stamped envelope with the clerk.
When the person to be served is a resident, the signature of an attorney, party or agent of the person seeking service on such affidavit shall constitute a certificate by him 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, that the person seeking service has made a bona fide attempt to determine the actual place of abode or location of the person to be served.
C. Service of such process or notice on the Secretary shall be made by the plaintiff's, his agent's or the sheriff's leaving a copy of the process or notice, together with a copy of the affidavit called for in subsection B and the fee prescribed in § 2.2-409 in the office of the Secretary in the City of Richmond, Virginia. Service of process or notice on the Secretary may be made by mail if such service otherwise meets the requirements of this section. Such service shall be sufficient upon the person to be served and shall be effective on the date when service is made on the Secretary. It shall be the duty of the Secretary to:
1. Provide a receipt to a party seeking service who serves process on the Secretary 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 Secretary was accomplished. The party seeking service shall be responsible for filing such receipt in the office of the clerk of the court in which the action is pending;
2. Forthwith send by certified mail, return receipt requested, to the person or persons to be served at the last known post-office address of such person notice of such service, a copy of the process or notice, and a copy of the affidavit; and
3. Forthwith file with the papers in the action a certificate of compliance herewith by the Secretary or someone designated by him for that purpose and having knowledge of such compliance.
Upon receipt of the certificate of compliance, the clerk of the court shall mail verification of the date the certificate of compliance was filed with the court to the person who filed the affidavit required by subsection B, in the self-addressed, stamped envelope, if any, provided to the clerk at the time of filing of the affidavit. The clerk shall not be required to mail verification unless the self-addressed, stamped envelope has been provided. The time for the person to be served to respond to process sent by the Secretary shall run from the date when the certificate of compliance is filed in the office of the clerk of the court in which the action is pending.
D. Service of process in actions brought on a warrant or motion for judgment pursuant to § 16.1-79 or 16.1-81 shall be void and of no effect when such service of process is received by the Secretary within ten days of any return day set by the warrant. In such cases, the Secretary shall return the process or notice, the copy of the affidavit, and the prescribed fee to the plaintiff or his agent. A copy of the notice of the rejection shall be sent to the clerk of the court in which the action was filed.
E. The Secretary shall maintain a record of each notice of service sent to a person for a period of two years. The record maintained by the Secretary shall include the name of the plaintiff or the person seeking service, the name of the person to be served, the date service was received by the Secretary, the date notice of service was forwarded to the person to be served, and the date the certificate of compliance was sent by the Secretary to the appropriate court. The Secretary shall not be required to maintain any other records pursuant to this section.
Code 1950, § 8-813; 1977, c. 617; 1979, c. 31; 1986, c. 388; 1987, cc. 449, 450, 459; 1990, c. 741; 1998, c. 259; 2001, c. 29; 2013, c. 113.
Notes of Decisions
Purayr, LLC v. Phocatox Tech., LLC, 263 F. Supp. 3d 632 (W.D. Va. 2016).
· cites it 33× “(Id,)', see Va. Code § 8.01-329(0(2). Based on this mailing date, and tracking information including certified mail receipts showing that two pieces of mail were signed for at the address for Redding and Redding Law on June 10, 2016, 1 PurAyr contends that all defendants…”
O'connell v. Bean, 556 S.E.2d 741 (Va. 2002).
· cites it 10× “Process was served on the Secretary of the Commonwealth (the Secretary) as statutory agent of O’Connell, a non-resident of Virginia, under the provisions of Code § 8.01-329 (the service provision of the Long-Arm Statute, Code § 8.”
Frederick v. Koziol, 727 F. Supp. 1019 (E.D. Va. 1990).
· cites it 27× “; and Section 8.01-329. Service of process or notice; service on Secretary of Commonwealth.”
Cordova v. Alper, 64 Va. Cir. 87 (Fairfax Cir. Ct. 2004).
· cites it 26× “Due Process Notice Issue Alper further contends that the judgment rendered against him in The Law Case is void because fundamental notions of due process were also violated in the manner in which process was purportedly served on him.”
Prince Seating Corp. v. Rabideau, 659 S.E.2d 305 (Va. 2008).
· cites it 9× “To effect service of the motion for judgment, Rabideau filed an affidavit for service of process with the Secretary of the Commonwealth under Code § 8.01-329. In the affidavit, Rabideau set forth Prince Seating's last known address as 1201 Broadway, New York, New York 10001.”
Pallet Recycling, L.L.C. v. Case, 70 Va. Cir. 125 (Rockingham Cir. Ct. 2006).
· cites it 21× “Service of Process; “Last Known Post-Office Address ” The defendant was served as a non-resident by constructive service through the Secretary of the Commonwealth under Va. Code § 8.01-329. That statute provides, in pertinent part: Such service shall be sufficient upon the…”
Basile v. Am. Filter Serv., Inc., 340 S.E.2d 800 (Va. 1986).
· cites it 9× “In accordance with Code § 8.01-329, he obtained service on American Filter by serving notice of motion for judgment on the corporation’s statutory agent, the Secretary of the Commonwealth.”
Weight v. Kawasaki Heavy Indus., Ltd., 597 F. Supp. 1082 (E.D. Va. 1984).
· cites it 6× “Pursuant to Virginia Code § 8.01-329 (Repl. Vol. 1984), both defendants were served by the Secretary pf the Commonwealth.”
Fadel v. El-Khoury, 65 Va. Cir. 201 (Arlington Cir. Ct. 2004).
· cites it 21× “1 Legal Analysis The determinative issue before the Court is whether constructive service of process to the Secretary of the Commonwealth pursuant to Va. Code § 8.01-329 is valid when, despite the Plaintiff s affirmation of the Defendant’s non-residency, the Defendant later…”
Direct Connect, UDCC Div. v. Medra Sys., L.L.C., 80 Va. Cir. 637 (Fairfax Cir. Ct. 2010).
· cites it 20× “Counsel for Direct Connect served the Complaint and Summons in this case through the Secretary of the Commonwealth in accordance with Va. Code § 8.01-329. The Secretary was served on January 14, 2010.”
— Va. Code Ann. § 8.01-329(0) — 1 case
Purayr, LLC v. Phocatox Tech., LLC, 263 F. Supp. 3d 632 (W.D. Va. 2016).
“(Id,)', see Va. Code § 8.01-329(0(2). Based on this mailing date, and tracking information including certified mail receipts showing that two pieces of mail were signed for at the address for Redding and Redding Law on June 10, 2016, 1 PurAyr contends that all defendants…”
— Va. Code Ann. § 8.01-329(A) — 6 cases
Frederick v. Koziol, 727 F. Supp. 1019 (E.D. Va. 1990).
“; and Section 8.01-329. Service of process or notice; service on Secretary of Commonwealth.”
— Va. Code Ann. § 8.01-329(A1) — 4 cases
Frederick v. Koziol, 727 F. Supp. 1019 (E.D. Va. 1990).
“; and Section 8.01-329. Service of process or notice; service on Secretary of Commonwealth.”
— Va. Code Ann. § 8.01-329(B) — 19 cases
O'connell v. Bean, 556 S.E.2d 741 (Va. 2002).
“Process was served on the Secretary of the Commonwealth (the Secretary) as statutory agent of O’Connell, a non-resident of Virginia, under the provisions of Code § 8.01-329 (the service provision of the Long-Arm Statute, Code § 8.”
Fadel v. El-Khoury, 65 Va. Cir. 201 (Arlington Cir. Ct. 2004).
“1 Legal Analysis The determinative issue before the Court is whether constructive service of process to the Secretary of the Commonwealth pursuant to Va. Code § 8.01-329 is valid when, despite the Plaintiff s affirmation of the Defendant’s non-residency, the Defendant later…”
— Va. Code Ann. § 8.01-329(B)(1) — 1 case
— Va. Code Ann. § 8.01-329(B)(ii) — 1 case
— Va. Code Ann. § 8.01-329(C) — 20 cases
Purayr, LLC v. Phocatox Tech., LLC, 263 F. Supp. 3d 632 (W.D. Va. 2016).
“(Id,)', see Va. Code § 8.01-329(0(2). Based on this mailing date, and tracking information including certified mail receipts showing that two pieces of mail were signed for at the address for Redding and Redding Law on June 10, 2016, 1 PurAyr contends that all defendants…”
Cordova v. Alper, 64 Va. Cir. 87 (Fairfax Cir. Ct. 2004).
“Due Process Notice Issue Alper further contends that the judgment rendered against him in The Law Case is void because fundamental notions of due process were also violated in the manner in which process was purportedly served on him.”
Prince Seating Corp. v. Rabideau, 659 S.E.2d 305 (Va. 2008).
“To effect service of the motion for judgment, Rabideau filed an affidavit for service of process with the Secretary of the Commonwealth under Code § 8.01-329. In the affidavit, Rabideau set forth Prince Seating's last known address as 1201 Broadway, New York, New York 10001.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.