Virginia Rules of Civil Procedure

Virginia's rules for serving process in civil cases are in the Code of Virginia, Title 8.01, Chapter 8, mainly sections 8.01-285 to 8.01-327. Time limits and answer deadlines also come from the Rules of the Supreme Court of Virginia, Part Three.

Virginia doesn't license process servers. Any adult who isn't a party to the case and has no interest in it can serve, and the Code recognizes private process servers who charge a fee (§ 8.01-293).

Disclaimer: Laws change, and this page is a plain-language summary, not legal advice. Check the current code on the Code of Virginia site and the Rules of the Supreme Court of Virginia, or ask an attorney before relying on it.

Virginia process servers

• Become a process server in Virginia
• Hire a process server in Virginia

Quick facts: process serving in Virginia

• Who can serve: A sheriff, or any person 18 or older who isn't a party and has no interest in the subject of the case (§ 8.01-293).
• Licensing: No state license or registration for private process servers.
• Deadline to serve: Within 12 months after the case is filed. Later service counts only if the court finds the plaintiff used due diligence (§ 8.01-275.1).
• Substituted service: Leave the papers with a family member 16 or older at the person's home. If no one suitable is there, post them on the main entrance and mail a copy (§ 8.01-296).
• Proof of service: A private server files a return with an affidavit of qualifications within 72 hours of service (§ 8.01-325).
• Time to respond: 21 days after service in circuit court (Rule 3:8).

Process-serving software: ServeManager

ServeManager is process-serving software used by agencies across Virginia. It tracks every attempt with date, time, GPS and photos, and generates returns and affidavits of service from the job, so you can file within Virginia's 72-hour window.

Register for ServeManager

Do you need a license to serve process in Virginia?

No. Virginia has no state license, registration or bond for private process servers. Under § 8.01-293, process can be served by:

• The sheriff, within the limits set by § 8.01-295
• Any person 18 or older who isn't a party and has no other interest in the subject of the case
• A private process server, meaning a non-party adult who charges a fee for service

Some papers are limited to officers. Only a sheriff or high constable can execute a writ of possession or eviction, and a capias or show cause order must be served by a sheriff, high constable or law-enforcement officer. In custody or visitation cases, a subpoena for a teacher or school employee served on school property must be served by a sheriff or deputy.

For a step-by-step guide, see Become a Process Server in Virginia.

How to serve a summons in Virginia

Personal service: § 8.01-296(1)

The server hands a copy of the papers to the person being served (§ 8.01-296).

Substituted service at the home: § 8.01-296(2)

If the person isn't found at their usual place of abode, the server can:

1. Leave a copy with a member of the person's family who is 16 or older and isn't a temporary visitor or guest, and explain what the papers are. Or,
2. If no qualifying family member is there, post a copy on the front door or other main entrance of the home.

For posted service, the plaintiff or their attorney must also mail a copy to the person and file a certificate of mailing with the clerk at least 10 days before a default judgment can be entered. The server notes the manner and date of service on the original and the copy.

No service on Sunday: § 8.01-289

Civil process can't be served on a Sunday, except on a person escaping from custody or where another statute allows it (§ 8.01-289).

Waiver of service: § 8.01-286.1

In general district and circuit court, the plaintiff can mail the defendant a request to waive service on the court's form. The defendant has up to 30 days to return it (60 days if outside Virginia). A defendant who waives gets 60 days from the date the request was sent to respond (90 days if outside Virginia). A defendant who refuses without good cause can be ordered to pay the cost of formal service (§ 8.01-286.1).

Acceptance of service: § 8.01-327

A person can accept service by signing the proof of service and stating where it was accepted (§ 8.01-327). Divorce and annulment cases have their own rules.

Service outside Virginia: § 8.01-320

A person outside Virginia can be served by anyone authorized to serve where they are, or by any adult who isn't a party. If Virginia's long-arm statute gives the court jurisdiction, it has the same effect as personal service in Virginia. The defendant has 21 days to respond (§ 8.01-320).

Service on the Secretary of the Commonwealth: § 8.01-329

When the long-arm statute applies, process can be served on the Secretary of the Commonwealth as the defendant's statutory agent. The plaintiff files an affidavit that the defendant is a nonresident or can't be found after due diligence, with their last known address. The response time runs from the date the Secretary's certificate of compliance is filed (§ 8.01-329).

Order of publication: §§ 8.01-316 and 8.01-317

The court can order service by publication on an affidavit that the defendant is a nonresident or a foreign entity, that diligence to find them has failed, or that the sheriff couldn't serve them at their last known local address within 21 days (§ 8.01-316). The court can also order notice by electronic means in addition to, or instead of, newspaper publication (§ 8.01-317, last amended in 2025). See What is service by publication?

Serving businesses and other entities

• Corporations and LLCs (§ 8.01-299): Serve an officer, director or registered agent. If the registered office is a single-family home, substituted service on the registered agent follows the home-service rules above (§ 8.01-299).
• Foreign corporations and LLCs (§ 8.01-301): Serve an officer, director or registered agent, or an agent conducting business in Virginia without authority. Service through the Secretary of the Commonwealth or by publication is also possible (§ 8.01-301).
• Partnerships (§ 8.01-304): Serving a general partner counts as service on the partnership. LLPs and limited partnerships can be served through their registered agent (§ 8.01-304).
• Cities, towns and counties (§ 8.01-300): For a city or town, serve the city or town attorney, or if there isn't one, the mayor, manager or a trustee. For a county, serve the county attorney, or if there isn't one, the Commonwealth's attorney (§ 8.01-300).

Registered agents are listed in the State Corporation Commission's Clerk's Information System.

Serving a subpoena in Virginia

Witness subpoenas in civil cases can be issued by the clerk or by a Virginia attorney as an officer of the court (§ 8.01-407). Anyone allowed to serve process under § 8.01-293 can serve them. Serve them early: if a subpoena is served less than five calendar days before the appearance date, the court may refuse to enforce it.

Proof of service

The server must file a return with the clerk within 72 hours of service, with extra time for weekends and holidays. It must show the date and manner of service and the name of the person served (§ 8.01-325).

A private server's proof must also include:

• An affidavit of the server's qualifications under § 8.01-293
• A printed or stamped note that service was made by a private process server
• The server's name, address and phone number

A sheriff's return is prima facie evidence of the facts in it. A private server's return is evidence of the facts it states, but it isn't conclusive (§ 8.01-326).

Hire a Virginia process server

Find process servers and agencies across the state in the Virginia process server directory.

More Virginia resources

• Become a Process Server in Virginia
• Courts in Virginia
• Code of Virginia, Title 8.01, Chapter 8: Process (Virginia Legislative Information System)
• Rules of the Supreme Court of Virginia
• Process server associations

This page is a general overview of Virginia law, not legal advice. Laws change. Check the current code or talk to an attorney about your case.