§ 8.01-310 How service made on Commissioner, Secretary, and Clerk; appointment binding
A. Service of process on the Clerk of the State Corporation Commission as a statutory agent authorized by law to receive service of process on behalf of any natural person, corporation, or other entity is governed by § 12.1-19.1. Service of process on either the Commissioner of the Department of Motor Vehicles as authorized under § 8.01-308 or on the Secretary of the Commonwealth as authorized under § 8.01-309 shall be made by the plaintiff or his agent or the sheriff leaving a copy of such process together with the fee for service of process on parties, in the amount prescribed in § 2.2-409, for each party to be thus served, in the hands, or in the office, of the Commissioner or the Secretary. Service on the statutory agent shall be deemed sufficient upon the person or entity served and shall be effective on the date when service is made on the Commissioner or the Secretary pursuant to this subsection or on the Clerk of the State Corporation Commission pursuant to subsection A of § 12.1-19.1, provided, however, that the time to respond to process sent by the Commissioner, Secretary, or Clerk as statutory agent is governed by subsection C of § 8.01-312. All fees collected by the Commissioner pursuant to the provisions of this section shall be paid into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department of Motor Vehicles.
B. Appointment of the Commissioner or Secretary as attorney or agent for the service of process on a nonresident under § 8.01-308 or 8.01-309 shall be irrevocable and binding upon the executor or other personal representative of such nonresident, and:
1. Where a nonresident has died before the commencement of an action against him regarding an accident or collision under § 8.01-308 or 8.01-309, such appointment shall be irrevocable and binding upon the executor or other personal representative of such nonresident; or
2. Where a nonresident dies after the commencement of an action against him regarding an accident or collision under § 8.01-308 or 8.01-309, the action shall continue and such appointment shall be irrevocable and binding upon his executor, administrator, or other personal representative with such additional notice of the pendency of the action as the court deems proper.
C. The provisions of subsection B apply, mutatis mutandis, to actions in which a natural person served with process through the Clerk of the State Corporation Commission as his agent has died before or after the commencement of the action.
History
The record of this law’s original creation isn’t available online. It has been modified 11 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 384; in 1954, chapter 333; in 1970, chapter 680; in 1972, chapter 408; in 1976, chapter 26; in 1977, chapter 617; in 1987, chapter 696; in 1992, chapter 459; in 2000, chapter 579; in 2013, chapter 113; in 2024, chapter 454.
Code 1950, §§ 8-67.2, 8-67.4; 1952, c. 384; 1954, c. 333; 1970, c. 680; 1972, c. 408; 1976, c. 26; 1977, c. 617; 1987, c. 696; 1992, c. 459; 2000, c. 579; 2013, c. 113; 2024, c. 454.