{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-313.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-313.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-313.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-313.html"}],"law_id":81995,"edition_id":1,"section_id":81995,"structure_id":13354,"section_number":"8.01-313","catch_line":"Specific addresses for mailing by statutory agent and resident agent","history":"Code 1950, \u00a7 8-67.2; 1954, c. 333; 1970, c. 680; 1972, c. 408; 1976, c. 26; 1977, c. 617; 1983, c. 467; 1984, c. 780; 1991, c. 672; 2020, cc. 1227, 1246; 2024, c. 454.","full_text":"A\n\nFor the statutory agent appointed pursuant to \u00a7\u00a7 8.01-308 and 8.01-309, the address for the mailing of the process as required by \u00a7 8.01-312 shall be the last known address of the nonresident or, where appropriate under subdivision B 1 or 2 of \u00a7 8.01-310, of the executor, administrator, or other personal representative of the nonresident. However, upon the filing of an affidavit by the plaintiff that he does not know and is unable with due diligence to ascertain any post-office address of such nonresident, service of process on the statutory agent shall be sufficient without the mailing otherwise required by this section. Provided further that:1\n\nIn the case of a nonresident defendant licensed by the Commonwealth to operate a motor vehicle, the last address reported by such defendant to the Department of Motor Vehicles as his address on an application for or renewal of driving privileges shall be deemed to be the address of the defendant for the purpose of the mailing required by this section if no other address is known, and, in any case in which the affidavit provided for in &#xA7; 8.01-316 is filed, such a defendant, by so notifying the Department of such an address, and by failing to notify the Department of any change therein, shall be deemed to have appointed the Commissioner of the Department of Motor Vehicles his statutory agent for service of process in an action arising out of operation of a motor vehicle by him in the Commonwealth, and to have accepted as valid service such mailing to such address; or2\n\nIn the case of a nonresident defendant not licensed by the Commonwealth to operate a motor vehicle, the address shown on the copy of the report of accident required by &#xA7; 46.2-372 filed by or for him with the Department, and on file at the office of the Department, or the address reported by such a defendant to any state or local police officer, or sheriff investigating the accident sued on, if no other address is known, shall be conclusively presumed to be a valid address of such defendant for the purpose of the mailing provided for in this section, and his so reporting of an incorrect address, or his moving from the address so reported without making provision for forwarding to him of mail directed thereto, shall be deemed to be a waiver of notice and a consent to and acceptance of service of process served upon the Commissioner of the Department of Motor Vehicles as provided in this section.B\n\nFor the statutory agent appointed pursuant to &#xA7; 64.2-1426, the address for the mailing of process as required by &#xA7; 8.01-312 shall be the address of the fiduciary&#8217;s statutory agent as contained in the written consent most recently filed with the clerk of the circuit court wherein the qualification of such fiduciary was had or, in the event of the death, removal, resignation, or absence from the Commonwealth of such statutory agent, or in the event that such statutory agent cannot with due diligence be found at such address, the address of the clerk of such circuit court.C\n\nThe address and procedures for the mailing of process by the Clerk of the State Corporation Commission as statutory agent are governed by &#xA7; 12.1-19.1.","order_by":null,"text":{"0":{"id":293842,"text":"For the statutory agent appointed pursuant to \u00a7\u00a7 8.01-308 and 8.01-309, the address for the mailing of the process as required by \u00a7 8.01-312 shall be the last known address of the nonresident or, where appropriate under subdivision B 1 or 2 of \u00a7 8.01-310, of the executor, administrator, or other personal representative of the nonresident. However, upon the filing of an affidavit by the plaintiff that he does not know and is unable with due diligence to ascertain any post-office address of such nonresident, service of process on the statutory agent shall be sufficient without the mailing otherwise required by this section. Provided further that:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":293843,"text":"In the case of a nonresident defendant licensed by the Commonwealth to operate a motor vehicle, the last address reported by such defendant to the Department of Motor Vehicles as his address on an application for or renewal of driving privileges shall be deemed to be the address of the defendant for the purpose of the mailing required by this section if no other address is known, and, in any case in which the affidavit provided for in &#xA7; 8.01-316 is filed, such a defendant, by so notifying the Department of such an address, and by failing to notify the Department of any change therein, shall be deemed to have appointed the Commissioner of the Department of Motor Vehicles his statutory agent for service of process in an action arising out of operation of a motor vehicle by him in the Commonwealth, and to have accepted as valid service such mailing to such address; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":293844,"text":"In the case of a nonresident defendant not licensed by the Commonwealth to operate a motor vehicle, the address shown on the copy of the report of accident required by &#xA7; 46.2-372 filed by or for him with the Department, and on file at the office of the Department, or the address reported by such a defendant to any state or local police officer, or sheriff investigating the accident sued on, if no other address is known, shall be conclusively presumed to be a valid address of such defendant for the purpose of the mailing provided for in this section, and his so reporting of an incorrect address, or his moving from the address so reported without making provision for forwarding to him of mail directed thereto, shall be deemed to be a waiver of notice and a consent to and acceptance of service of process served upon the Commissioner of the Department of Motor Vehicles as provided in this section.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":293845,"text":"For the statutory agent appointed pursuant to &#xA7; 64.2-1426, the address for the mailing of process as required by &#xA7; 8.01-312 shall be the address of the fiduciary&#8217;s statutory agent as contained in the written consent most recently filed with the clerk of the circuit court wherein the qualification of such fiduciary was had or, in the event of the death, removal, resignation, or absence from the Commonwealth of such statutory agent, or in the event that such statutory agent cannot with due diligence be found at such address, the address of the clerk of such circuit court.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":293846,"text":"The address and procedures for the mailing of process by the Clerk of the State Corporation Commission as statutory agent are governed by &#xA7; 12.1-19.1.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13354,"edition_id":1,"name":"Who to Be Served","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":13353,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":281529,"object_type":"structure","relational_id":13354,"identifier":"4","token":"8.01\/8\/4","url":"\/8.01\/8\/4\/","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":57169,"structure_id":13354,"section_number":"8.01-296","catch_line":"Manner of serving process upon natural persons","url":"\/8.01-296\/","token":"8.01\/8\/4\/8.01-296","metadata":false},{"id":84916,"structure_id":13354,"section_number":"8.01-297","catch_line":"Process on convict defendant","url":"\/8.01-297\/","token":"8.01\/8\/4\/8.01-297","metadata":false},{"id":74903,"structure_id":13354,"section_number":"8.01-298","catch_line":"How summons for witness or juror served","url":"\/8.01-298\/","token":"8.01\/8\/4\/8.01-298","metadata":false},{"id":76632,"structure_id":13354,"section_number":"8.01-299","catch_line":"How process served on domestic stock corporations, nonstock corporations, and limited liability companies generally","url":"\/8.01-299\/","token":"8.01\/8\/4\/8.01-299","metadata":false},{"id":62573,"structure_id":13354,"section_number":"8.01-300","catch_line":"How process served on municipal and county governments and on quasi-governmental entities","url":"\/8.01-300\/","token":"8.01\/8\/4\/8.01-300","metadata":false},{"id":80689,"structure_id":13354,"section_number":"8.01-301","catch_line":"How process served on foreign stock or nonstock corporations and foreign limited liability companies generally","url":"\/8.01-301\/","token":"8.01\/8\/4\/8.01-301","metadata":false},{"id":57428,"structure_id":13354,"section_number":"8.01-302","catch_line":"Repealed","url":"\/8.01-302\/","token":"8.01\/8\/4\/8.01-302","metadata":false},{"id":60079,"structure_id":13354,"section_number":"8.01-303","catch_line":"On whom process served when corporation operated by trustee or receiver","url":"\/8.01-303\/","token":"8.01\/8\/4\/8.01-303","metadata":false},{"id":74972,"structure_id":13354,"section_number":"8.01-304","catch_line":"How process served on copartner or partnership, domestic or foreign limited liability partnership, and domestic or foreign limited partnership","url":"\/8.01-304\/","token":"8.01\/8\/4\/8.01-304","metadata":false},{"id":57093,"structure_id":13354,"section_number":"8.01-304.1","catch_line":"How process served on a business trust","url":"\/8.01-304.1\/","token":"8.01\/8\/4\/8.01-304.1","metadata":false},{"id":86653,"structure_id":13354,"section_number":"8.01-305","catch_line":"Process against unincorporated associations or orders, or unincorporated common carriers","url":"\/8.01-305\/","token":"8.01\/8\/4\/8.01-305","metadata":false},{"id":54446,"structure_id":13354,"section_number":"8.01-306","catch_line":"Process against unincorporated associations or orders, or unincorporated common carriers; principal office outside Virginia and business transactions in Virginia","url":"\/8.01-306\/","token":"8.01\/8\/4\/8.01-306","metadata":false},{"id":71881,"structure_id":13354,"section_number":"8.01-307","catch_line":"Definition of terms \"motor vehicle\" and \"nonresident\" in motor vehicle and aircraft accident cases","url":"\/8.01-307\/","token":"8.01\/8\/4\/8.01-307","metadata":false},{"id":61678,"structure_id":13354,"section_number":"8.01-308","catch_line":"Service on Commissioner of the Department of Motor Vehicles as agent for nonresident motor vehicle operator","url":"\/8.01-308\/","token":"8.01\/8\/4\/8.01-308","metadata":false},{"id":61128,"structure_id":13354,"section_number":"8.01-309","catch_line":"Service on Secretary of Commonwealth as agent of nonresident operator or owner of aircraft","url":"\/8.01-309\/","token":"8.01\/8\/4\/8.01-309","metadata":false},{"id":84659,"structure_id":13354,"section_number":"8.01-310","catch_line":"How service made on Commissioner, Secretary, and Clerk; appointment binding","url":"\/8.01-310\/","token":"8.01\/8\/4\/8.01-310","metadata":false},{"id":80670,"structure_id":13354,"section_number":"8.01-311","catch_line":"Continuance of action where service made on Commissioner, Secretary, and Clerk","url":"\/8.01-311\/","token":"8.01\/8\/4\/8.01-311","metadata":false},{"id":67145,"structure_id":13354,"section_number":"8.01-312","catch_line":"Effect of service on statutory agent; duties of such agent; time for responding to process","url":"\/8.01-312\/","token":"8.01\/8\/4\/8.01-312","metadata":false},{"id":81995,"structure_id":13354,"section_number":"8.01-313","catch_line":"Specific addresses for mailing by statutory agent and resident agent","url":"\/8.01-313\/","token":"8.01\/8\/4\/8.01-313","metadata":false},{"id":85430,"structure_id":13354,"section_number":"8.01-314","catch_line":"Service on attorney after entry of general appearance by such attorney","url":"\/8.01-314\/","token":"8.01\/8\/4\/8.01-314","metadata":false},{"id":83124,"structure_id":13354,"section_number":"8.01-315","catch_line":"Notice to be mailed defendant when service accepted by another","url":"\/8.01-315\/","token":"8.01\/8\/4\/8.01-315","metadata":false},{"id":66717,"structure_id":13354,"section_number":"8.01-316","catch_line":"Service by publication; when available","url":"\/8.01-316\/","token":"8.01\/8\/4\/8.01-316","metadata":false},{"id":58190,"structure_id":13354,"section_number":"8.01-317","catch_line":"What order of publication to state; how published; when publication in newspaper dispensed with; electronic notice","url":"\/8.01-317\/","token":"8.01\/8\/4\/8.01-317","metadata":false},{"id":54333,"structure_id":13354,"section_number":"8.01-318","catch_line":"Within what time after publication case tried or heard; no subsequent publication required","url":"\/8.01-318\/","token":"8.01\/8\/4\/8.01-318","metadata":false},{"id":56410,"structure_id":13354,"section_number":"8.01-319","catch_line":"Publication of interim notice","url":"\/8.01-319\/","token":"8.01\/8\/4\/8.01-319","metadata":false},{"id":76043,"structure_id":13354,"section_number":"8.01-320","catch_line":"Personal service outside of Virginia","url":"\/8.01-320\/","token":"8.01\/8\/4\/8.01-320","metadata":false},{"id":61509,"structure_id":13354,"section_number":"8.01-321","catch_line":"Repealed","url":"\/8.01-321\/","token":"8.01\/8\/4\/8.01-321","metadata":false},{"id":54367,"structure_id":13354,"section_number":"8.01-322","catch_line":"Within what time case reheard on petition of party served by publication, and any injustice corrected","url":"\/8.01-322\/","token":"8.01\/8\/4\/8.01-322","metadata":false},{"id":61401,"structure_id":13354,"section_number":"8.01-323","catch_line":"In what counties city newspapers deemed published for purpose of legal advertisements","url":"\/8.01-323\/","token":"8.01\/8\/4\/8.01-323","metadata":false},{"id":62668,"structure_id":13354,"section_number":"8.01-324","catch_line":"Newspapers that may be used for legal notices and publications","url":"\/8.01-324\/","token":"8.01\/8\/4\/8.01-324","metadata":false},{"id":86831,"structure_id":13354,"section_number":"8.01-325","catch_line":"Return by person serving process","url":"\/8.01-325\/","token":"8.01\/8\/4\/8.01-325","metadata":false},{"id":58455,"structure_id":13354,"section_number":"8.01-326","catch_line":"Return as proof of service","url":"\/8.01-326\/","token":"8.01\/8\/4\/8.01-326","metadata":false},{"id":57208,"structure_id":13354,"section_number":"8.01-326.1","catch_line":"Repealed","url":"\/8.01-326.1\/","token":"8.01\/8\/4\/8.01-326.1","metadata":false},{"id":83256,"structure_id":13354,"section_number":"8.01-327","catch_line":"Acceptance of service of process","url":"\/8.01-327\/","token":"8.01\/8\/4\/8.01-327","metadata":false}],"previous_section":{"id":67145,"structure_id":13354,"section_number":"8.01-312","catch_line":"Effect of service on statutory agent; duties of such agent; time for responding to process","url":"\/8.01-312\/","token":"8.01\/8\/4\/8.01-312","metadata":false},"next_section":{"id":85430,"structure_id":13354,"section_number":"8.01-314","catch_line":"Service on attorney after entry of general appearance by such attorney","url":"\/8.01-314\/","token":"8.01\/8\/4\/8.01-314","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-313\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 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 333; in 1970, chapter 680; in 1972, chapter 408; in 1976, chapter 26; in 1977, chapter 617; in 1983, chapter 467; in 1984, chapter 780; in 1991, chapter 672; in 2020, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1227\">1227<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1246\">1246<\/a>; in 2024, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0454\">454<\/a>.<\/p>","references":[{"id":71881,"section_number":"8.01-307","catch_line":"Definition of terms \"motor vehicle\" and \"nonresident\" in motor vehicle and aircraft accident cases","order_by":null,"url":"\/8.01-307\/"},{"id":67145,"section_number":"8.01-312","catch_line":"Effect of service on statutory agent; duties of such agent; time for responding to process","order_by":null,"url":"\/8.01-312\/"}],"refers_to":[{"id":71702,"section_number":"12.1-19.1","catch_line":"Service of process on the Clerk of the State Corporation Commission as statutory agent","order_by":null,"url":"\/12.1-19.1\/"},{"id":66632,"section_number":"46.2-372","catch_line":"Driver to report certain accidents in writing; certification of financial responsibility to Department; supplemental reports; reports by witnesses","order_by":null,"url":"\/46.2-372\/"},{"id":65308,"section_number":"64.2-1426","catch_line":"Nonresident fiduciaries","order_by":null,"url":"\/64.2-1426\/"},{"id":61678,"section_number":"8.01-308","catch_line":"Service on Commissioner of the Department of Motor Vehicles as agent for nonresident motor vehicle operator","order_by":null,"url":"\/8.01-308\/"},{"id":61128,"section_number":"8.01-309","catch_line":"Service on Secretary of Commonwealth as agent of nonresident operator or owner of aircraft","order_by":null,"url":"\/8.01-309\/"},{"id":84659,"section_number":"8.01-310","catch_line":"How service made on Commissioner, Secretary, and Clerk; appointment binding","order_by":null,"url":"\/8.01-310\/"},{"id":67145,"section_number":"8.01-312","catch_line":"Effect of service on statutory agent; duties of such agent; time for responding to process","order_by":null,"url":"\/8.01-312\/"},{"id":66717,"section_number":"8.01-316","catch_line":"Service by publication; when available","order_by":null,"url":"\/8.01-316\/"}],"permalink":{"id":281603,"object_type":"law","relational_id":81995,"identifier":"8.01-313","token":"8.01\/8\/4\/8.01-313","url":"\/8.01-313\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-313\/","token":"8.01\/8\/4\/8.01-313","dublin_core":{"Title":"Specific addresses for mailing by statutory agent and resident agent","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-313","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> For the <span class=\"dictionary\">statutory agent<\/span> appointed pursuant to \u00a7\u00a7&nbsp;<a class=\"law\" title=\"Service on Commissioner of the Department of Motor Vehicles as agent for nonresident motor vehicle operator\" href=\"\/8.01-308\/\">8.01-308<\/a> and <a class=\"law\" title=\"Service on Secretary of Commonwealth as agent of nonresident operator or owner of aircraft\" href=\"\/8.01-309\/\">8.01-309<\/a>, the address for the mailing of the process as required by \u00a7&nbsp;<a class=\"law\" title=\"Effect of service on statutory agent; duties of such agent; time for responding to process\" href=\"\/8.01-312\/\">8.01-312<\/a> shall be the last known address of the nonresident or, where appropriate under subdivision B 1 or 2 of \u00a7&nbsp;<a class=\"law\" title=\"How service made on Commissioner, Secretary, and Clerk; appointment binding\" href=\"\/8.01-310\/\">8.01-310<\/a>, of the executor, administrator, or other personal representative of the nonresident. However, upon the filing of an <span class=\"dictionary\">affidavit<\/span> by the <span class=\"dictionary\">plaintiff<\/span> that he does not know and is unable with due diligence to ascertain any post-office address of such nonresident, <span class=\"dictionary\">service of process<\/span> on the <span class=\"dictionary\">statutory agent<\/span> shall be sufficient without the mailing otherwise required by this section. Provided further that: <a id=\"paragraph-293842\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-313\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> In the case of a nonresident <span class=\"dictionary\">defendant<\/span> licensed by the Commonwealth to operate a motor vehicle, the last address reported by such <span class=\"dictionary\">defendant<\/span> to the Department of Motor Vehicles as his address on an application for or renewal of driving <span class=\"dictionary\">privileges<\/span> shall be deemed to be the address of the <span class=\"dictionary\">defendant<\/span> for the purpose of the mailing required by this section if no other address is known, and, in any case in which the <span class=\"dictionary\">affidavit<\/span> provided for in &#xA7; <a class=\"law\" title=\"Service by publication; when available\" href=\"\/8.01-316\/\">8.01-316<\/a> is filed, such a <span class=\"dictionary\">defendant<\/span>, by so notifying the Department of such an address, and by failing to notify the Department of any change therein, shall be deemed to have appointed the Commissioner of the Department of Motor Vehicles his <span class=\"dictionary\">statutory agent<\/span> for <span class=\"dictionary\">service of process<\/span> in an <span class=\"dictionary\">action<\/span> arising out of operation of a motor vehicle by him in the Commonwealth, and to have accepted as valid service such mailing to such address; or <a id=\"paragraph-293843\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-313\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> In the case of a nonresident <span class=\"dictionary\">defendant<\/span> not licensed by the Commonwealth to operate a motor vehicle, the address shown on the copy of the report of accident required by &#xA7; <a class=\"law\" title=\"Driver to report certain accidents in writing; certification of financial responsibility to Department; supplemental reports; reports by witnesses\" href=\"\/46.2-372\/\">46.2-372<\/a> filed by or for him with the Department, and on file at the office of the Department, or the address reported by such a <span class=\"dictionary\">defendant<\/span> to any state or local police officer, or <span class=\"dictionary\">sheriff<\/span> investigating the accident sued on, if no other address is known, shall be conclusively presumed to be a valid address of such <span class=\"dictionary\">defendant<\/span> for the purpose of the mailing provided for in this section, and his so reporting of an incorrect address, or his moving from the address so reported without making provision for forwarding to him of mail directed thereto, shall be deemed to be a <span class=\"dictionary\">waiver<\/span> of notice and a consent to and acceptance of <span class=\"dictionary\">service of process<\/span> served upon the Commissioner of the Department of Motor Vehicles as provided in this section. <a id=\"paragraph-293844\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-313\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> For the <span class=\"dictionary\">statutory agent<\/span> appointed pursuant to &#xA7; <a class=\"law\" title=\"Nonresident fiduciaries\" href=\"\/64.2-1426\/\">64.2-1426<\/a>, the address for the mailing of process as required by &#xA7; <a class=\"law\" title=\"Effect of service on statutory agent; duties of such agent; time for responding to process\" href=\"\/8.01-312\/\">8.01-312<\/a> shall be the address of the <span class=\"dictionary\">fiduciary<\/span>&#8217;s <span class=\"dictionary\">statutory agent<\/span> as contained in the written consent most recently filed with the clerk of the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> wherein the qualification of such <span class=\"dictionary\">fiduciary<\/span> was had or, in the event of the death, removal, resignation, or absence from the Commonwealth of such <span class=\"dictionary\">statutory agent<\/span>, or in the event that such <span class=\"dictionary\">statutory agent<\/span> cannot with due diligence be found at such address, the address of the clerk of such <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span>. <a id=\"paragraph-293845\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-313\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The address and procedures for the mailing of process by the Clerk of the State Corporation Commission as <span class=\"dictionary\">statutory agent<\/span> are governed by &#xA7; <a class=\"law\" title=\"Service of process on the Clerk of the State Corporation Commission as statutory agent\" href=\"\/12.1-19.1\/\">12.1-19.1<\/a>. <a id=\"paragraph-293846\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-313\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSPECIFIC ADDRESSES FOR MAILING BY STATUTORY AGENT AND RESIDENT AGENT (\u00a7\n8.01-313)\n\nA. For the statutory agent appointed pursuant to \u00a7\u00a7 8.01-308 and 8.01-309, the\naddress for the mailing of the process as required by \u00a7 8.01-312 shall be the\nlast known address of the nonresident or, where appropriate under subdivision B\n1 or 2 of \u00a7 8.01-310, of the executor, administrator, or other personal\nrepresentative of the nonresident. However, upon the filing of an affidavit by\nthe plaintiff that he does not know and is unable with due diligence to\nascertain any post-office address of such nonresident, service of process on the\nstatutory agent shall be sufficient without the mailing otherwise required by\nthis section. Provided further that:\n\n   1. In the case of a nonresident defendant licensed by the Commonwealth to\n   operate a motor vehicle, the last address reported by such defendant to the\n   Department of Motor Vehicles as his address on an application for or renewal\n   of driving privileges shall be deemed to be the address of the defendant for\n   the purpose of the mailing required by this section if no other address is\n   known, and, in any case in which the affidavit provided for in &#xA7; 8.01-316\n   is filed, such a defendant, by so notifying the Department of such an address,\n   and by failing to notify the Department of any change therein, shall be deemed\n   to have appointed the Commissioner of the Department of Motor Vehicles his\n   statutory agent for service of process in an action arising out of operation\n   of a motor vehicle by him in the Commonwealth, and to have accepted as valid\n   service such mailing to such address; or\n\n   2. In the case of a nonresident defendant not licensed by the Commonwealth to\n   operate a motor vehicle, the address shown on the copy of the report of\n   accident required by &#xA7; 46.2-372 filed by or for him with the Department,\n   and on file at the office of the Department, or the address reported by such a\n   defendant to any state or local police officer, or sheriff investigating the\n   accident sued on, if no other address is known, shall be conclusively presumed\n   to be a valid address of such defendant for the purpose of the mailing\n   provided for in this section, and his so reporting of an incorrect address, or\n   his moving from the address so reported without making provision for\n   forwarding to him of mail directed thereto, shall be deemed to be a waiver of\n   notice and a consent to and acceptance of service of process served upon the\n   Commissioner of the Department of Motor Vehicles as provided in this section.\n\nB. For the statutory agent appointed pursuant to &#xA7; 64.2-1426, the address\nfor the mailing of process as required by &#xA7; 8.01-312 shall be the address\nof the fiduciary&#8217;s statutory agent as contained in the written consent\nmost recently filed with the clerk of the circuit court wherein the\nqualification of such fiduciary was had or, in the event of the death, removal,\nresignation, or absence from the Commonwealth of such statutory agent, or in the\nevent that such statutory agent cannot with due diligence be found at such\naddress, the address of the clerk of such circuit court.\n\nC. The address and procedures for the mailing of process by the Clerk of the\nState Corporation Commission as statutory agent are governed by &#xA7;\n12.1-19.1.\n\nHISTORY: Code 1950, \u00a7 8-67.2; 1954, c. 333; 1970, c. 680; 1972, c. 408; 1976,\nc. 26; 1977, c. 617; 1983, c. 467; 1984, c. 780; 1991, c. 672; 2020, cc. 1227,\n1246; 2024, c. 454.","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}}