{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-293.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-293.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-293.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-293.html"}],"law_id":72321,"edition_id":1,"section_id":72321,"structure_id":13507,"section_number":"8.01-293","catch_line":"Authorization to serve process, capias or show cause order; execute writ of possession or eviction and levy upon property","history":"Code 1950, \u00a7\u00a7 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.","full_text":"A\n\nThe following persons are authorized to serve process:1\n\nThe sheriff within such territorial bounds as described in § 8.01-295;2\n\nAny 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; or3\n\nA 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.\n\t\t\t\tWhenever 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\n\nNotwithstanding 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.","order_by":null,"text":{"0":{"id":260508,"text":"The following persons are authorized to serve process:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":260509,"text":"The sheriff within such territorial bounds as described in § 8.01-295;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":260510,"text":"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","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":260511,"text":"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.\n\t\t\t\tWhenever 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.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":260512,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3"}},"ancestry":[{"id":13507,"edition_id":1,"name":"Who and Where to Serve Process","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13353,"metadata":{},"date_created":"2026-06-26 03:45:05","date_modified":"2026-06-26 03:45:05","permalink":{"id":281515,"object_type":"structure","relational_id":13507,"identifier":"3","token":"8.01\/8\/3","url":"\/8.01\/8\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13353,"edition_id":1,"name":"Process","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":281473,"object_type":"structure","relational_id":13353,"identifier":"8","token":"8.01\/8","url":"\/8.01\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":72321,"structure_id":13507,"section_number":"8.01-293","catch_line":"Authorization to serve process, capias or show cause order; execute writ of possession or eviction and levy upon property","url":"\/8.01-293\/","token":"8.01\/8\/3\/8.01-293","metadata":false},{"id":72019,"structure_id":13507,"section_number":"8.01-294","catch_line":"Sheriff to get from clerk's office process and other papers; return of papers; effect of late return","url":"\/8.01-294\/","token":"8.01\/8\/3\/8.01-294","metadata":false},{"id":54472,"structure_id":13507,"section_number":"8.01-295","catch_line":"Territorial limits within which sheriff may serve process in his official capacity; process appearing to be duly served","url":"\/8.01-295\/","token":"8.01\/8\/3\/8.01-295","metadata":false}],"next_section":{"id":72019,"structure_id":13507,"section_number":"8.01-294","catch_line":"Sheriff to get from clerk's office process and other papers; return of papers; effect of late return","url":"\/8.01-294\/","token":"8.01\/8\/3\/8.01-294","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-293\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 14 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1954, chapter 543; in 1960, chapter 16; in 1968, chapter 484; in 1977, chapter 617; in 1981, chapter 110; in 1986, chapter 275; in 1996, chapters 501<\/a> and 608<\/a>; in 1997, chapter 820<\/a>; in 2002, chapter 342<\/a>; in 2004, chapters 210<\/a> and 588<\/a>; in 2011, chapter 766<\/a>; in 2018, chapter 238<\/a>; in 2019, chapters 180<\/a> and 700<\/a>; in 2022, chapters 248<\/a> and 684<\/a>.<\/p>","references":[{"id":79859,"section_number":"16.1-112","catch_line":"All papers transmitted to appellate court; further proceedings","order_by":null,"url":"\/16.1-112\/"},{"id":58423,"section_number":"20-99","catch_line":"How such suits instituted and conducted; costs","order_by":null,"url":"\/20-99\/"},{"id":83130,"section_number":"54.1-2506","catch_line":"Enforcement of laws by Director and investigative personnel; authority of investigative personnel and Director","order_by":null,"url":"\/54.1-2506\/"},{"id":56320,"section_number":"8.01-126","catch_line":"Summons for unlawful detainer issued by magistrate or clerk or judge of a general district court","order_by":null,"url":"\/8.01-126\/"},{"id":72019,"section_number":"8.01-294","catch_line":"Sheriff to get from clerk's office process and other papers; return of papers; effect of late return","order_by":null,"url":"\/8.01-294\/"},{"id":86831,"section_number":"8.01-325","catch_line":"Return by person serving process","order_by":null,"url":"\/8.01-325\/"},{"id":58455,"section_number":"8.01-326","catch_line":"Return as proof of service","order_by":null,"url":"\/8.01-326\/"},{"id":64837,"section_number":"8.01-329","catch_line":"Service of process or notice; service on Secretary of Commonwealth","order_by":null,"url":"\/8.01-329\/"},{"id":62841,"section_number":"8.01-501","catch_line":"Lien of fieri facias on estate of debtor not capable of being levied on","order_by":null,"url":"\/8.01-501\/"},{"id":76964,"section_number":"8.01-502","catch_line":"Person paying debtor not affected by lien unless notice given","order_by":null,"url":"\/8.01-502\/"},{"id":54198,"section_number":"9.1-102","catch_line":"Powers and duties of the Board and the Department","order_by":null,"url":"\/9.1-102\/"}],"refers_to":[{"id":54472,"section_number":"8.01-295","catch_line":"Territorial limits within which sheriff may serve process in his official capacity; process appearing to be duly served","order_by":null,"url":"\/8.01-295\/"},{"id":73488,"section_number":"9.1-101","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/9.1-101\/"}],"permalink":{"id":281517,"object_type":"law","relational_id":72321,"identifier":"8.01-293","token":"8.01\/8\/3\/8.01-293","url":"\/8.01-293\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-293\/","token":"8.01\/8\/3\/8.01-293","dublin_core":{"Title":"Authorization to serve process, capias or show cause order; execute writ of possession or eviction and levy upon property","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-293","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The following persons<\/span> are authorized to serve process: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The sheriff<\/span> within such territorial bounds as described in § 8.01-295<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any person<\/span> 18 years of age or older and who is not a party<\/span> or otherwise interested in the subject matter in controversy. For purposes of this subdivision, an investigator employed by the Indigent<\/span> Defense Commission shall not be considered to be a party<\/span> or otherwise interested in the subject matter in controversy while engaged in the performance of his official duties when serving witness<\/span> subpoenas<\/span>. For purposes of this subdivision, an investigator employed by an attorney for the Commonwealth shall not be considered to be a party<\/span> or otherwise interested in the subject matter in controversy while engaged in the performance of his official duties, provided that the sheriff<\/span> in the jurisdiction<\/span> where process is to be served has agreed that such investigator may serve process. If a sheriff<\/span> 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<\/span> or visitation of a minor<\/span> child or children is at issue<\/span> and a summons<\/span> is issued for the attendance and testimony<\/span> of a teacher or other school personnel who is not a party<\/span> to the proceeding, if such summons<\/span> is served on school property, it shall be served only by a sheriff<\/span> or his deputy; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A private process server<\/span>. For purposes of this section, “private process server<\/span>” means any person<\/span> 18 years of age or older and who is not a party<\/span> or otherwise interested in the subject matter in controversy, and who charges a fee for service of process<\/span>.\n\t\t\t\tWhenever in this Code the term “officer” or “sheriff<\/span>” is used to refer to persons<\/span> authorized to make, return, or do any other act relating to service of process<\/span>, such term shall be deemed to refer to any person<\/span> authorized by this section to serve process. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding any other provision of law<\/span> (i) only a sheriff<\/span> or high constable may execute an order<\/span> or writ<\/span> of possession<\/span> for personal, real, or mixed property, including a writ<\/span> of eviction arising out of an action<\/span> in unlawful entry and detainer or ejectment; (ii) any sheriff<\/span>, high constable, or law<\/span>-enforcement officer as defined in § 9.1-101<\/a> may serve any capias<\/span> or show cause order<\/span>; and (iii) only a sheriff<\/span>, the high constable for the City of Norfolk or Virginia Beach, or a treasurer may levy<\/span> upon property. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAUTHORIZATION TO SERVE PROCESS, CAPIAS OR SHOW CAUSE ORDER; EXECUTE WRIT OF\nPOSSESSION OR EVICTION AND LEVY UPON PROPERTY (\u00a7 8.01-293)\n\nA. The following persons are authorized to serve process:\n\n 1. The sheriff within such territorial bounds as described in § 8.01-295;\n\n 2. Any person 18 years of age or older and who is not a party or otherwise\n interested in the subject matter in controversy. For purposes of this\n subdivision, an investigator employed by the Indigent Defense Commission shall\n not be considered to be a party or otherwise interested in the subject matter\n in controversy while engaged in the performance of his official duties when\n serving witness subpoenas. For purposes of this subdivision, an investigator\n employed by an attorney for the Commonwealth shall not be considered to be a\n party or otherwise interested in the subject matter in controversy while\n engaged in the performance of his official duties, provided that the sheriff\n in the jurisdiction where process is to be served has agreed that such\n investigator may serve process. If a sheriff has agreed that such investigator\n may serve process, then an investigator employed by an attorney for the\n Commonwealth may serve process. However, in any case in which custody or\n visitation of a minor child or children is at issue and a summons is issued\n for the attendance and testimony of a teacher or other school personnel who is\n not a party to the proceeding, if such summons is served on school property,\n it shall be served only by a sheriff or his deputy; or\n\n 3. A private process server. For purposes of this section, “private\n process server” means any person 18 years of age or older and who is not\n a party or otherwise interested in the subject matter in controversy, and who\n charges a fee for service of process.\n \t\t\t\tWhenever in this Code the term “officer” or\n “sheriff” is used to refer to persons authorized to make, return,\n or do any other act relating to service of process, such term shall be deemed\n to refer to any person authorized by this section to serve process.\n\nB. Notwithstanding any other provision of law (i) only a sheriff or high\nconstable may execute an order or writ of possession for personal, real, or\nmixed property, including a writ of eviction arising out of an action in\nunlawful entry and detainer or ejectment; (ii) any sheriff, high constable, or\nlaw-enforcement officer as defined in § 9.1-101 may serve any capias or\nshow cause order; and (iii) only a sheriff, the high constable for the City of\nNorfolk or Virginia Beach, or a treasurer may levy upon property.\n\nHISTORY: Code 1950, \u00a7\u00a7 8-52, 8-54; 1954, c. 543; 1960, c. 16; 1968, c. 484;\n1977, c. 617; 1981, c. 110; 1986, c. 275; 1996, cc. 501, 608; 1997, c. 820;\n2002, c. 342; 2004, cc. 210, 588; 2011, c. 766; 2018, c. 238; 2019, cc. 180,\n700; 2022, cc. 248, 684.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}