The state of Virginia requires a plaintiff to provide the defendant with a copy of the complaint filed in a civil lawsuit. Courts refer to this as service of process. Service of process is an important part of any lawsuit because it provides the defendant with actual notice of the pending action. In addition, service of process ensures the defendant has an opportunity to respond to the action. For example, the defendant may wish to challenge the court’s jurisdiction through a demurrer, or file an answer in response to the initial court filing. If you fail to follow the Virginia Rules of Civil Procedure and you do not provide a copy of the documents to the defendant, you could face severe consequences including the dismissal of your lawsuit. Therefore, it is essential that you complete the steps necessary to accomplish service of process in Virginia.

In Virginia, the individual that arranges for the delivery of service is called the process server. Any individual over the age of 18 who is not a party to the action can act as a process server. Virginia recognizes several methods of service. For example, the process server can personally serve the defendant. Personal service involves personally handing the defendant a copy of the documents. In addition,if the defendant is not found at her home, Virginia allows the plaintiff to use substituted service as a means of accomplishing service of process. Substituted service occurs when the process server leaves the documents at the defendant’s home with an individual who is at least 16 years of age and a member of the defendant’s family. The process server cannot leave the documents with someone who is merely a guest at the residence. In addition, the process server must make it clear to the individual that the documents are legal documents and are very important. The process server must follow up with a mailing of the documents to the address where the process server accomplished substituted service. However, a defendant cannot be served with the legal document on a Sunday, unless an exception is provided by law. Virginia also allows service by posting in rare circumstances where no other option is feasible. However, the process server should also mail a copy of the documents to the defendant in addition to posting a copy on the defendant’s home or place of business.            

After the process server completes service, the process server will fill out an affidavit of service. The affidavit of service describes the date, place, time and method the process server used to accomplish service. If substituted service was used,  the process server must indicate the individual’s name, or a detailed physical description of the individual who accepted service on behalf of the defendant. This document must be filed with the court prior to your first appearance, and provides evidence to the court of the defendant’s knowledge of the lawsuit. The affidavit of service form is available online at the Virginia court’s website http://www.courts.state.va.us/forms/circuit/cc1407.pdf.

If you have any additional questions or concerns regarding how to complete service of process in Virginia, or to find a local court in Virginia, visit http://www.courts.state.va.us/courts/home.html.