§ 8.01-286.1.Service of process; waiver, duty to save costs, request to waive, how served.

Chapter 8. Process · Article 1. In General · Last amended 2011 · Last verified July 16, 2026

In one sentenceThis section lets a plaintiff ask a defendant to waive formal service of process by mail, spelling out exactly what the request must contain, the deadlines that follow, and the cost-shifting penalty a defendant faces for refusing to waive without good cause.

Full Text of § 8.01-286.1

Text sizeJump to: (A) (B) (C) (D) (E) (F)

A. In an action pending in general district court or circuit court, the plaintiff may notify a defendant of the commencement of the action and request that the defendant waive service of process as provided in subsection B. Any person subject to service as set forth in § 8.01-296, 8.01-299, §§ 8.01-301 through 8.01-306 or § 8.01-320, with the exception of the Secretary of the Commonwealth and the Clerk of the State Corporation Commission, who receives actual notice of an action in the manner provided in this section, has a duty to avoid any unnecessary costs of serving process.

B. The notice and request shall incorporate the request for waiver and shall:

1. Be in writing and shall be addressed directly to the defendant, if an individual, or else to an officer, director or registered agent authorized by appointment or law to receive service of process of a defendant subject to service under § 8.01-299, §§ 8.01-301 through 8.01-306 or § 8.01-320;

2. Be dispatched through first-class mail or other reliable means;

3. Be accompanied by a copy of the motion for judgment, bill of complaint or other such initial pleading and identify the court in which it has been filed;

4. Inform the defendant, by means of a form provided by Executive Secretary of the Supreme Court, of the consequences of compliance and failure to comply with the request;

5. Set forth the date on which the request is sent;

6. Allow the defendant a reasonable time to return the waiver, which shall be no more than 30 days from the date on which the request is sent, or 60 days from that date if the defendant's address is outside the Commonwealth; and

7. Provide the defendant with an extra copy of the notice and request, as well as a prepaid means of compliance in writing.

If a defendant fails to comply with a request for waiver made by a plaintiff, the court shall impose the costs subsequently incurred in effecting service on the defendant unless good cause for the failure is shown.

C. A defendant that, before being served with process, timely returns a waiver so requested is not required to serve a grounds of defense or other responsive pleading to the motion for judgment or other initial pleading until 60 days after the date on which the request for waiver of service was sent, or 90 days after that date if the defendant's address was outside the Commonwealth.

D. When the plaintiff files a waiver of service with the court, the action shall proceed as if a notice and motion for judgment or other initial pleading had been served at the time of filing the waiver, and no proof of service shall be required.

E. The costs to be imposed on a defendant for failure to comply with a request to waive service of a summons shall include the costs subsequently incurred in effecting service under § 8.01-299, §§ 8.01-301 through 8.01-306 or § 8.01-320, together with the costs, including reasonable attorneys' fees, of any motion required to collect the costs of service. This provision does not apply to the Commissioner of the Department of Motor Vehicles, the Secretary of the Commonwealth or the Clerk of the State Corporation Commission.

F. A defendant who waives service of process pursuant to this section does not thereby waive any objection to the venue or to the jurisdiction of the court over the person of that defendant, or to any other defense or objection other than objections based on inadequacy of process or service of process.

End

Plain-English Summary

Formal service of process costs money and time — someone has to track down the defendant and hand him papers, or serve a registered agent. Section 8.01-286.1 offers a shortcut: the plaintiff can mail the defendant a notice and ask him to waive service voluntarily.

The request has to follow a checklist — addressed to the right person, sent by first-class mail or something equally reliable, accompanied by a copy of the complaint, explained on a form from the Executive Secretary of the Supreme Court, dated, and paired with a prepaid, easy way to return the waiver. The defendant gets 30 days to respond, or 60 if he lives outside Virginia. If the defendant returns the waiver, he is not served at all — he gets extra time instead, 60 or 90 days, to file his responsive pleading, and the case proceeds as if service had happened when the waiver was filed.

The section also carries a penalty: a defendant who ignores a proper waiver request without good cause gets stuck paying the costs of the formal service that follows, plus attorneys’ fees for any motion needed to collect those costs. And waiving service does not waive anything else — the defendant keeps every objection he would otherwise have, except objections to the process or service itself.

Frequently Asked Questions

How long does a defendant have to return a waiver of service request?

The request must allow the defendant a reasonable time to return the waiver, no more than 30 days from the date the request is sent, or 60 days if the defendant’s address is outside Virginia.

What happens if a defendant ignores a valid request to waive service?

Unless the defendant shows good cause for the failure, the court shall impose on him the costs subsequently incurred in effecting service, including reasonable attorneys’ fees for any motion required to collect those costs.

Does waiving service of process waive a defendant’s other defenses?

No. A defendant who waives service under this section does not waive any objection to venue or to the jurisdiction of the court over his person, or any other defense, except objections based on inadequacy of process or service of process.

How much extra time does a defendant get to respond if he returns the waiver?

A defendant who, before being served with process, timely returns the waiver need not serve a responsive pleading until 60 days after the date the waiver request was sent, or 90 days if his address was outside Virginia.

What must a waiver of service request include?

It must be in writing and addressed to the proper person, sent by first-class mail or other reliable means, accompanied by a copy of the initial pleading identifying the court, explain the consequences of compliance and noncompliance using the form the Executive Secretary of the Supreme Court provides, state the date sent, allow the defendant the time limits the section sets, and include an extra copy plus a prepaid means of returning it.

Amendment History

2005, c. 866; 2011, c. 766.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source

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