§ 8.01-312.Effect of service on statutory agent; duties of such agent; time for responding to process.

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

In one sentenceSection 8.01-312 gives service on the DMV Commissioner or Secretary of the Commonwealth the same legal force as personal service in Virginia, requires the statutory agent to provide a receipt, mail the process to the defendant by registered or certified mail, and file an affidavit of compliance, with the response deadline running from that filing.

Full Text of § 8.01-312

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A. Service of process on the statutory agent shall have the same legal force and validity as if served within the Commonwealth personally upon the person for whom it is intended. It shall be the duty of the Commissioner of the Department of Motor Vehicles or the Secretary of the Commonwealth as statutory agent to:

1. Provide a receipt to a party seeking service who serves process on the statutory agent by hand delivery or any other method that does not provide a return of service or other means showing the date on which service on the statutory agent was accomplished. The party seeking service shall be responsible for filing such receipt in the office of the clerk of court in which the action is pending;

2. Forthwith send by registered or certified mail, with return receipt requested, a copy of the process to the person named therein and for whom the statutory agent is receiving the process; and

3. File an affidavit of compliance with this section with the papers in the action; this filing shall be made in the office of the clerk of the court in which the action is pending.

A1. The duties of the Clerk of the State Corporation Commission as statutory agent are governed by § 12.1-19.1.

B. Unless otherwise provided by § 8.01-313 and subject to the provisions of § 8.01-316, the address for the mailing of the process required by this section by the Commissioner of the Department of Motor Vehicles or the Secretary of the Commonwealth shall be that as provided by the party seeking service. The address for mailing the process served on the Clerk of the State Corporation Commission is specified in subsection D of § 12.1-19.1.

C. The time for a nonresident to respond to process sent by the Commissioner of the Department of Motor Vehicles or the Secretary of the Commonwealth as statutory agent shall run from the date when the affidavit of compliance is filed in the office of the clerk of the court in which the action is pending. The time for a person, corporation, or other entity to respond to process sent by the Clerk of the State Corporation Commission as statutory agent shall run from the date when the certificate of compliance is filed as required by subsection B of § 12.1-19.1.

End

Plain-English Summary

Subsection A establishes that service of process on the statutory agent carries the same legal force and validity as if the defendant had been served personally within Virginia. To back up that fiction, it imposes duties on the Commissioner or Secretary as statutory agent: providing a receipt to a party who serves process by hand delivery or another method without its own proof of the service date, forwarding a copy of the process to the named person by registered or certified mail with return receipt requested, and filing an affidavit of compliance with the papers in the action.

Subsection B addresses the mailing address the statutory agent uses, generally the address the party seeking service provides, subject to § 8.01-313 and § 8.01-316. Subsection C ties the defendant's response clock to that paperwork: the time for a nonresident to respond runs from the date the affidavit of compliance is filed with the clerk of the court where the action is pending, rather than from the date service was made on the Commissioner or Secretary.

Frequently Asked Questions

Does service on the Commissioner or Secretary count as personal service?

Yes. The section gives it the same legal force and validity as personal service within the Commonwealth.

What must the statutory agent do after receiving process?

Provide a receipt where needed, mail a copy to the person named by registered or certified mail with return receipt requested, and file an affidavit of compliance with the clerk.

Who is responsible for filing the receipt with the court?

The party seeking service is responsible for filing the receipt in the office of the clerk of the court in which the action is pending.

When does the defendant's time to respond start running?

From the date the affidavit of compliance is filed with the clerk of the court where the action is pending.

Does this section cover the Clerk of the State Corporation Commission's duties too?

No. The duties of the Clerk as statutory agent are governed separately by §12.1-19.1.

Amendment History

Code 1950, § 8-67.2; 1954, c. 333; 1970, c. 680; 1972, c. 408; 1976, c. 26; 1977, c. 617; 2013, c. 113; 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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