2006 Code of Virginia § 8.01-296 - Manner of serving process upon natural persons

8.01-296. Manner of serving process upon natural persons.

Subject to the provisions of 8.01-286.1, in any action at law or in equityor any other civil proceeding in any court, process, for which no particularmode of service is prescribed, may be served upon natural persons as follows:

1. By delivering a copy thereof in writing to the party in person; or

2. By substituted service in the following manner:

a. If the party to be served is not found at his usual place of abode, bydelivering a copy of such process and giving information of its purport toany person found there, who is a member of his family, other than a temporarysojourner or guest, and who is of the age of 16 years or older; or

b. If such service cannot be effected under subdivision 2 a, then by postinga copy of such process at the front door or at such other door as appears tobe the main entrance of such place of abode, provided that not less than 10days before judgment by default may be entered, the party causing service orhis attorney or agent mails to the party served a copy of such process andthereafter files in the office of the clerk of the court a certificate ofsuch mailing. In any civil action brought in a general district court, themailing of the application for a warrant in debt or affidavit for summons inunlawful detainer or other civil pleading or a copy of such pleading, whetheryet issued by the court or not, which contains the date, time and place ofthe return, prior to or after filing such pleading in the general districtcourt, shall satisfy the mailing requirements of this section. In any civilaction brought in a circuit court, the mailing of a copy of the pleadingswith a notice that the proceedings are pending in the court indicated andthat upon the expiration of 10 days after the giving of the notice and theexpiration of the statutory period within which to respond, without furthernotice, the entry of a judgment by default as prayed for in the pleadings maybe requested, shall satisfy the mailing requirements of this section and anynotice requirement of the Rules of Court. Any judgment by default enteredafter July 1, 1989, upon posted service in which proceedings a copy of thepleadings was mailed as provided for in this section prior to July 1, 1989,is validated.

c. The person executing such service shall note the manner and the date ofsuch service on the original and the copy of the process so delivered orposted under this subdivision and shall effect the return of process asprovided in 8.01-294 and 8.01-325.

3. If service cannot be effected under subdivisions 1 and 2, then by order ofpublication in appropriate cases under the provisions of 8.01-316 through8.01-320.

(Code 1950, 8-51; 1954, c. 333; 1977, c. 617; 1989, cc. 518, 524; 1990, cc.729, 767; 1996, c. 538; 2005, c. 866.)

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