{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-329.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-329.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-329.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-329.html"}],"law_id":64837,"edition_id":1,"section_id":64837,"structure_id":15270,"section_number":"8.01-329","catch_line":"Service of process or notice; service on Secretary of Commonwealth","history":"Code 1950, \u00a7 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.","full_text":"A\n\nWhen 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 (&#xA7; 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 &#8220;Secretary,&#8221; who, for this purpose, shall be deemed to be the statutory agent of such person.B\n\nWhen 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.\n\t\t\tWhen 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 &#xA7; 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\n\nService of such process or notice on the Secretary shall be made by the plaintiff&#8217;s, his agent&#8217;s or the sheriff&#8217;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 \u00a7 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\n\nProvide 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\n\nForthwith 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; and3\n\nForthwith 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.\n\t\t\t\tUpon 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\n\nService of process in actions brought on a warrant or motion for judgment pursuant to &#xA7; 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\n\nThe 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.","order_by":null,"text":{"0":{"id":235946,"text":"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 (&#xA7; 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 &#8220;Secretary,&#8221; who, for this purpose, shall be deemed to be the statutory agent of such person.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":235947,"text":"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.\n\t\t\tWhen 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 &#xA7; 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":235948,"text":"Service of such process or notice on the Secretary shall be made by the plaintiff&#8217;s, his agent&#8217;s or the sheriff&#8217;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 \u00a7 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:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":235949,"text":"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;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":235950,"text":"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","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":235951,"text":"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.\n\t\t\t\tUpon 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.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"6":{"id":235952,"text":"Service of process in actions brought on a warrant or motion for judgment pursuant to &#xA7; 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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"7":{"id":235953,"text":"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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15270,"edition_id":1,"name":"Personal Jurisdiction in Certain Actions","identifier":"9","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:53:27","date_modified":"2026-06-26 03:53:27","permalink":{"id":281677,"object_type":"structure","relational_id":15270,"identifier":"9","token":"8.01\/9","url":"\/8.01\/9\/","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":73823,"structure_id":15270,"section_number":"8.01-328","catch_line":"Person defined","url":"\/8.01-328\/","token":"8.01\/9\/8.01-328","metadata":false},{"id":58110,"structure_id":15270,"section_number":"8.01-328.1","catch_line":"When personal jurisdiction over person may be exercised","url":"\/8.01-328.1\/","token":"8.01\/9\/8.01-328.1","metadata":false},{"id":64837,"structure_id":15270,"section_number":"8.01-329","catch_line":"Service of process or notice; service on Secretary of Commonwealth","url":"\/8.01-329\/","token":"8.01\/9\/8.01-329","metadata":false},{"id":75215,"structure_id":15270,"section_number":"8.01-330","catch_line":"Jurisdiction on any other basis authorized","url":"\/8.01-330\/","token":"8.01\/9\/8.01-330","metadata":false}],"previous_section":{"id":58110,"structure_id":15270,"section_number":"8.01-328.1","catch_line":"When personal jurisdiction over person may be exercised","url":"\/8.01-328.1\/","token":"8.01\/9\/8.01-328.1","metadata":false},"next_section":{"id":75215,"structure_id":15270,"section_number":"8.01-330","catch_line":"Jurisdiction on any other basis authorized","url":"\/8.01-330\/","token":"8.01\/9\/8.01-330","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-329\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 8 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 1977, chapter 617; in 1979, chapter 31; in 1986, chapter 388; in 1987, chapters 449, 450, and 459; in 1990, chapter 741; in 1998, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0259\">259<\/a>; in 2001, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0029\">29<\/a>; in 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0113\">113<\/a>.<\/p>","references":[{"id":64307,"section_number":"20-79.1","catch_line":"Enforcement of support orders; income deduction; penalty for wrongful discharge","order_by":null,"url":"\/20-79.1\/"},{"id":59512,"section_number":"63.2-1903","catch_line":"Authority to issue certain orders; civil penalty","order_by":null,"url":"\/63.2-1903\/"},{"id":58910,"section_number":"63.2-1916","catch_line":"Notice of administrative support order; contents; hearing; modification","order_by":null,"url":"\/63.2-1916\/"},{"id":77713,"section_number":"63.2-1921","catch_line":"Authority to initiate reviews of certain orders","order_by":null,"url":"\/63.2-1921\/"},{"id":69701,"section_number":"63.2-1923","catch_line":"Immediate withholding from income; exception; notices required","order_by":null,"url":"\/63.2-1923\/"},{"id":74827,"section_number":"63.2-1924","catch_line":"Withholding from income; default of administrative or judicial support order; notices required; priorities; orders from other states","order_by":null,"url":"\/63.2-1924\/"},{"id":67402,"section_number":"63.2-1929","catch_line":"Orders to withhold and to deliver property of debtor; issuance and service; contents; right to appeal; answer; effect; delivery of property; bond to release; fee; exemptions","order_by":null,"url":"\/63.2-1929\/"},{"id":86016,"section_number":"63.2-1937","catch_line":"Applications for occupational or other license to include social security or control number; suspension upon delinquency; procedure","order_by":null,"url":"\/63.2-1937\/"},{"id":84160,"section_number":"63.2-1942","catch_line":"Administrative hearing on notice of debt; withholdings; orders to withhold and deliver property to debtor; set-off debt collection","order_by":null,"url":"\/63.2-1942\/"},{"id":80689,"section_number":"8.01-301","catch_line":"How process served on foreign stock or nonstock corporations and foreign limited liability companies generally","order_by":null,"url":"\/8.01-301\/"}],"refers_to":[{"id":69715,"section_number":"16.1-79","catch_line":"Actions brought on warrant","order_by":null,"url":"\/16.1-79\/"},{"id":68153,"section_number":"16.1-81","catch_line":"Actions brought by motion for judgment","order_by":null,"url":"\/16.1-81\/"},{"id":69186,"section_number":"2.2-409","catch_line":"Secretary of the Commonwealth","order_by":null,"url":"\/2.2-409\/"},{"id":65534,"section_number":"8.01-285","catch_line":"Definition of certain terms used in this chapter; process, return, statutory agent","order_by":null,"url":"\/8.01-285\/"},{"id":72321,"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","order_by":null,"url":"\/8.01-293\/"}],"permalink":{"id":281687,"object_type":"law","relational_id":64837,"identifier":"8.01-329","token":"8.01\/9\/8.01-329","url":"\/8.01-329\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-329\/","token":"8.01\/9\/8.01-329","dublin_core":{"Title":"Service of process or notice; service on Secretary of Commonwealth","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-329","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> When the exercise of personal <span class=\"dictionary\">jurisdiction<\/span> is authorized by this chapter, <span class=\"dictionary\">service of process<\/span> or notice may be made in the same manner as is provided for in Chapter 8 (&#xA7; <a class=\"law\" title=\"Definition of certain terms used in this chapter; process, return, statutory agent\" href=\"\/8.01-285\/\">8.01-285<\/a> et seq.) in any other case in which personal <span class=\"dictionary\">jurisdiction<\/span> is exercised over such a <span class=\"dictionary\">party<\/span>, or process or notice may be served on any agent of such <span class=\"dictionary\">person<\/span> 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 &#8220;Secretary,&#8221; who, for this purpose, shall be deemed to be the statutory agent of such <span class=\"dictionary\">person<\/span>. <a id=\"paragraph-235946\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-329\/#A\"><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> When service is to be made on the Secretary, the <span class=\"dictionary\">party<\/span> or his agent or attorney seeking service shall file an <span class=\"dictionary\">affidavit<\/span> with the <span class=\"dictionary\">court<\/span>, stating either (i) that the <span class=\"dictionary\">person<\/span> to be served is a nonresident or (ii) that, after exercising due diligence, the <span class=\"dictionary\">party<\/span> seeking service has been unable to locate the <span class=\"dictionary\">person<\/span> to be served. In either case, such <span class=\"dictionary\">affidavit<\/span> shall set forth the last known address of the <span class=\"dictionary\">person<\/span> to be served. For the mailing, by the clerk to the <span class=\"dictionary\">party<\/span> or his agent or attorney, in accordance with subsection C, of verification of the effective date of <span class=\"dictionary\">service of process<\/span>, the <span class=\"dictionary\">person<\/span> filing an <span class=\"dictionary\">affidavit<\/span> may leave a self-addressed, stamped envelope with the clerk.\n\t\t\tWhen the <span class=\"dictionary\">person<\/span> to be served is a resident, the signature of an attorney, <span class=\"dictionary\">party<\/span> or agent of the <span class=\"dictionary\">person<\/span> seeking service on such <span class=\"dictionary\">affidavit<\/span> shall constitute a certificate by him that process has been delivered to the <span class=\"dictionary\">sheriff<\/span> or to a disinterested <span class=\"dictionary\">person<\/span> as permitted by &#xA7; <a class=\"law\" title=\"Authorization to serve process, capias or show cause order; execute writ of possession or eviction and levy upon property\" href=\"\/8.01-293\/\">8.01-293<\/a> for execution and, if the <span class=\"dictionary\">sheriff<\/span> or disinterested <span class=\"dictionary\">person<\/span> was unable to execute such service, that the <span class=\"dictionary\">person<\/span> seeking service has made a bona fide attempt to determine the actual place of abode or location of the <span class=\"dictionary\">person<\/span> to be served. <a id=\"paragraph-235947\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-329\/#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> Service of such process or notice on the Secretary shall be made by the <span class=\"dictionary\">plaintiff<\/span>&#8217;s, his agent&#8217;s or the <span class=\"dictionary\">sheriff<\/span>&#8217;s leaving a copy of the process or notice, together with a copy of the <span class=\"dictionary\">affidavit<\/span> called for in subsection B and the fee prescribed in \u00a7&nbsp;<a class=\"law\" title=\"Secretary of the Commonwealth\" href=\"\/2.2-409\/\">2.2-409<\/a> in the office of the Secretary in the City of Richmond, Virginia. <span class=\"dictionary\">Service of process<\/span> 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 <span class=\"dictionary\">person<\/span> 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: <a id=\"paragraph-235948\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-329\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Provide a receipt to a <span class=\"dictionary\">party<\/span> 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 <span class=\"dictionary\">party<\/span> seeking service shall be responsible for filing such receipt in the office of the clerk of the <span class=\"dictionary\">court<\/span> in which the <span class=\"dictionary\">action<\/span> is pending; <a id=\"paragraph-235949\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-329\/#C1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Forthwith send by certified mail, return receipt requested, to the <span class=\"dictionary\">person<\/span> or <span class=\"dictionary\">persons<\/span> to be served at the last known post-office address of such <span class=\"dictionary\">person<\/span> notice of such service, a copy of the process or notice, and a copy of the <span class=\"dictionary\">affidavit<\/span>; and <a id=\"paragraph-235950\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-329\/#C2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Forthwith file with the papers in the <span class=\"dictionary\">action<\/span> a certificate of compliance herewith by the Secretary or someone designated by him for that purpose and having knowledge of such compliance.\n\t\t\t\tUpon receipt of the certificate of compliance, the clerk of the <span class=\"dictionary\">court<\/span> shall mail verification of the date the certificate of compliance was filed with the <span class=\"dictionary\">court<\/span> to the <span class=\"dictionary\">person<\/span> who filed the <span class=\"dictionary\">affidavit<\/span> required by subsection B, in the self-addressed, stamped envelope, if any, provided to the clerk at the time of filing of the <span class=\"dictionary\">affidavit<\/span>. The clerk shall not be required to mail verification unless the self-addressed, stamped envelope has been provided. The time for the <span class=\"dictionary\">person<\/span> 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 <span class=\"dictionary\">court<\/span> in which the <span class=\"dictionary\">action<\/span> is pending. <a id=\"paragraph-235951\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-329\/#C3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> <span class=\"dictionary\">Service of process<\/span> in <span class=\"dictionary\">actions<\/span> brought on a warrant or <span class=\"dictionary\">motion for judgment<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Actions brought on warrant\" href=\"\/16.1-79\/\">16.1-79<\/a> or <a class=\"law\" title=\"Actions brought by motion for judgment\" href=\"\/16.1-81\/\">16.1-81<\/a> shall be void and of no effect when such <span class=\"dictionary\">service of process<\/span> 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 <span class=\"dictionary\">affidavit<\/span>, and the prescribed fee to the <span class=\"dictionary\">plaintiff<\/span> or his agent. A copy of the notice of the rejection shall be sent to the clerk of the <span class=\"dictionary\">court<\/span> in which the <span class=\"dictionary\">action<\/span> was filed. <a id=\"paragraph-235952\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-329\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> The Secretary shall maintain a record of each notice of service sent to a <span class=\"dictionary\">person<\/span> for a period of two years. The record maintained by the Secretary shall include the name of the <span class=\"dictionary\">plaintiff<\/span> or the <span class=\"dictionary\">person<\/span> seeking service, the name of the <span class=\"dictionary\">person<\/span> to be served, the date service was received by the Secretary, the date notice of service was forwarded to the <span class=\"dictionary\">person<\/span> to be served, and the date the certificate of compliance was sent by the Secretary to the appropriate <span class=\"dictionary\">court<\/span>. The Secretary shall not be required to maintain any other records pursuant to this section. <a id=\"paragraph-235953\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-329\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSERVICE OF PROCESS OR NOTICE; SERVICE ON SECRETARY OF COMMONWEALTH (\u00a7 8.01-329)\n\nA. When the exercise of personal jurisdiction is authorized by this chapter,\nservice of process or notice may be made in the same manner as is provided for\nin Chapter 8 (&#xA7; 8.01-285 et seq.) in any other case in which personal\njurisdiction is exercised over such a party, or process or notice may be served\non any agent of such person in the county or city in the Commonwealth in which\nthat agent resides or on the Secretary of the Commonwealth of Virginia,\nhereinafter referred to in this section as the &#8220;Secretary,&#8221; who, for\nthis purpose, shall be deemed to be the statutory agent of such person.\n\nB. When service is to be made on the Secretary, the party or his agent or\nattorney seeking service shall file an affidavit with the court, stating either\n(i) that the person to be served is a nonresident or (ii) that, after exercising\ndue diligence, the party seeking service has been unable to locate the person to\nbe served. In either case, such affidavit shall set forth the last known address\nof the person to be served. For the mailing, by the clerk to the party or his\nagent or attorney, in accordance with subsection C, of verification of the\neffective date of service of process, the person filing an affidavit may leave a\nself-addressed, stamped envelope with the clerk.\n\t\t\tWhen the person to be served is a resident, the signature of an attorney,\nparty or agent of the person seeking service on such affidavit shall constitute\na certificate by him that process has been delivered to the sheriff or to a\ndisinterested person as permitted by &#xA7; 8.01-293 for execution and, if the\nsheriff or disinterested person was unable to execute such service, that the\nperson seeking service has made a bona fide attempt to determine the actual\nplace of abode or location of the person to be served.\n\nC. Service of such process or notice on the Secretary shall be made by the\nplaintiff&#8217;s, his agent&#8217;s or the sheriff&#8217;s leaving a copy of\nthe process or notice, together with a copy of the affidavit called for in\nsubsection B and the fee prescribed in \u00a7 2.2-409 in the office of the Secretary\nin the City of Richmond, Virginia. Service of process or notice on the Secretary\nmay be made by mail if such service otherwise meets the requirements of this\nsection. Such service shall be sufficient upon the person to be served and shall\nbe effective on the date when service is made on the Secretary. It shall be the\nduty of the Secretary to:\n\n   1. Provide a receipt to a party seeking service who serves process on the\n   Secretary by hand delivery or any other method that does not provide a return\n   of service or other means showing the date on which service on the Secretary\n   was accomplished. The party seeking service shall be responsible for filing\n   such receipt in the office of the clerk of the court in which the action is\n   pending;\n\n   2. Forthwith send by certified mail, return receipt requested, to the person\n   or persons to be served at the last known post-office address of such person\n   notice of such service, a copy of the process or notice, and a copy of the\n   affidavit; and\n\n   3. Forthwith file with the papers in the action a certificate of compliance\n   herewith by the Secretary or someone designated by him for that purpose and\n   having knowledge of such compliance.\n   \t\t\t\tUpon receipt of the certificate of compliance, the clerk of the court\n   shall mail verification of the date the certificate of compliance was filed\n   with the court to the person who filed the affidavit required by subsection B,\n   in the self-addressed, stamped envelope, if any, provided to the clerk at the\n   time of filing of the affidavit. The clerk shall not be required to mail\n   verification unless the self-addressed, stamped envelope has been provided.\n   The time for the person to be served to respond to process sent by the\n   Secretary shall run from the date when the certificate of compliance is filed\n   in the office of the clerk of the court in which the action is pending.\n\nD. Service of process in actions brought on a warrant or motion for judgment\npursuant to &#xA7; 16.1-79 or 16.1-81 shall be void and of no effect when such\nservice of process is received by the Secretary within ten days of any return\nday set by the warrant. In such cases, the Secretary shall return the process or\nnotice, the copy of the affidavit, and the prescribed fee to the plaintiff or\nhis agent. A copy of the notice of the rejection shall be sent to the clerk of\nthe court in which the action was filed.\n\nE. The Secretary shall maintain a record of each notice of service sent to a\nperson for a period of two years. The record maintained by the Secretary shall\ninclude the name of the plaintiff or the person seeking service, the name of the\nperson to be served, the date service was received by the Secretary, the date\nnotice of service was forwarded to the person to be served, and the date the\ncertificate of compliance was sent by the Secretary to the appropriate court.\nThe Secretary shall not be required to maintain any other records pursuant to\nthis section.\n\nHISTORY: Code 1950, \u00a7 8-813; 1977, c. 617; 1979, c. 31; 1986, c. 388; 1987, cc.\n449, 450, 459; 1990, c. 741; 1998, c. 259; 2001, c. 29; 2013, c. 113.","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}}