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

Chapter 8. Process · Article 4. Who to Be Served · Last amended 2024 · Last verified July 16, 2026

In one sentenceSection 8.01-296 sets the default hierarchy for serving process on individuals in Virginia — personal delivery first, then substituted service on a family member at the usual abode or posting plus mailing, then publication if neither works, with a separate rule letting landlords serve required notices on tenants.

Full Text of § 8.01-296

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In addition to any other manner of service upon natural persons prescribed elsewhere in the Code, and subject to the provisions of § 8.01-286.1, in any action at law or in equity or any other civil proceeding in any court, process, for which no particular mode 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, by delivering a copy of such process and giving information of its purport to any person found there, who is a member of his family, other than a temporary sojourner 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 posting a copy of such process at the front door or at such other door as appears to be the main entrance of such place of abode, provided that not less than 10 days before judgment by default may be entered, the party causing service or his attorney or agent mails to the party served a copy of such process and thereafter files in the office of the clerk of the court a certificate of such mailing. In any civil action brought in a general district court, the mailing of the application for a warrant in debt or affidavit for summons in unlawful detainer or other civil pleading or a copy of such pleading, whether yet issued by the court or not, which contains the date, time and place of the return, prior to or after filing such pleading in the general district court, shall satisfy the mailing requirements of this section. In any civil action brought in a circuit court, the mailing of a copy of the pleadings with a notice that the proceedings are pending in the court indicated and that upon the expiration of 10 days after the giving of the notice and the expiration of the statutory period within which to respond, without further notice, the entry of a judgment by default as prayed for in the pleadings may be requested, shall satisfy the mailing requirements of this section and any notice requirement of the Rules of Court. Any judgment by default entered after July 1, 1989, upon posted service in which proceedings a copy of the pleadings 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 of such service on the original and the copy of the process so delivered or posted under this subdivision and shall effect the return of process as provided in §§ 8.01-294 and 8.01-325.

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

4. The landlord or his duly authorized agent or representative may serve notices required by the rental agreement or by law upon the tenant or occupant under a rental agreement that is within the purview of Chapter 14 (§ 55.1-1400 et seq.) of Title 55.1.

End

Plain-English Summary

Section 8.01-296 supplies the fallback method for serving an individual whenever no other statute prescribes a particular mode of service. The first and preferred option is personal delivery: handing a written copy of the process directly to the party. Most service in Virginia happens this way, and the rest of the section only comes into play when personal delivery cannot be accomplished.

If the party cannot be found at his usual place of abode, the process server may leave a copy with a family member — not a temporary guest — who is 16 or older and is found there, along with information about what the papers mean. If even that fails, the server may post a copy on the front or main door of the abode. Posted service carries a catch: before a default judgment can be entered, the party seeking service must mail a copy of the process to the defendant at least ten days beforehand and file a certificate of that mailing with the clerk. The section spells out how that mailing requirement is satisfied differently in general district court and circuit court proceedings.

Only after personal delivery and substituted service both fail does the section permit an order of publication under §§ 8.01-316 through 8.01-320. And apart from the service hierarchy, subdivision 4 gives landlords or their authorized agents a separate path for delivering notices required by a rental agreement or by the Virginia Residential Landlord and Tenant Act.

Frequently Asked Questions

What is the first method for serving process on an individual under this section?

Personal delivery — handing a copy of the process in writing directly to the party.

Who can accept substituted service at someone's usual place of abode?

A family member who is 16 or older and found there, other than a temporary sojourner or guest, when the party himself cannot be found at that address.

What happens if no one is available at the abode to accept substituted service?

The server may post a copy at the front or main door, but a default judgment cannot enter until at least ten days after the party seeking service mails a copy of the process to the defendant and files a certificate of that mailing with the clerk.

Can process ever be served by publication under this section?

Yes. If service cannot be effected by personal delivery or substituted service, an order of publication may issue in appropriate cases under §§ 8.01-316 through 8.01-320.

Does this section cover how landlords give notices to tenants?

Yes. Subdivision 4 lets a landlord or authorized agent serve notices required by the rental agreement or by the Virginia Residential Landlord and Tenant Act under Title 55.1, Chapter 14.

Amendment History

Code 1950, § 8-51; 1954, c. 333; 1977, c. 617; 1989, cc. 518, 524; 1990, cc. 729, 767; 1996, c. 538; 2005, c. 866; 2008, c. 489; 2024, c. 454.

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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