Service Affidavit - Virginia

AFFIDAVIT AND RETURN OF SERVICE BY PRIVATE PROCESS SERVER

Before you use this: This form records service by a qualified private server under Va. Code §§ 8.01-293 and 8.01-325. Posted service on a natural person has a separate mailing and filing requirement before default judgment under § 8.01-296(2)(b).

IN THE [CIRCUIT / GENERAL DISTRICT] COURT OF [COUNTY / CITY], VIRGINIA

Case No.: [________________________________]

I, [SERVER'S FULL NAME], after being duly sworn, state from personal knowledge:

1. I am at least 18 years old. I am not a party to this case and am not otherwise interested in the subject matter in controversy. I served the process identified below for a fee as a private process server under Va. Code § 8.01-293(A)(3).

2. Party served: [FULL NAME OF PARTY]. If the party is an entity, its type and state of formation are [________________________________].

3. Documents served: [IDENTIFY EVERY SUMMONS, PLEADING, EXHIBIT, OR OTHER DOCUMENT DELIVERED].

4. Date and time of service: [__/__/____] at [TIME] [A.M. / P.M.]. Place of service: [STREET ADDRESS, CITY, STATE, ZIP].

5. I served the process by the single method checked below. The person who received the documents, if different from the party, was [FULL NAME].

☐ Personal service on a natural person. I delivered a copy of the process to the named individual in person. Va. Code § 8.01-296(1).

☐ Substituted service at a natural person's usual abode. The party was not found there. I delivered a copy of the process to [RECIPIENT], who was a member of the party's family, was not a temporary sojourner or guest, and was at least 16 years old. I informed the recipient of the purport of the process. Recipient's relationship and approximate age: [________________________________]. Va. Code § 8.01-296(2)(a).

☐ Posting at a natural person's usual abode. Personal service and the substituted service described above could not be effected. I posted a copy at the front door or main entrance of that abode. The unsuccessful attempts and reason substituted service could not be effected were: [DATES, TIMES, ADDRESSES, RESULTS, AND FACTS]. Door used: [________________________________]. Va. Code § 8.01-296(2)(b). The party causing service or that party's attorney or agent must complete the required mailing and file its certificate before default judgment; this affidavit does not certify mailing by someone else.

☐ Personal service on a domestic Virginia corporation or LLC. I delivered a copy to [RECIPIENT NAME], who was the entity's [OFFICER / DIRECTOR / REGISTERED AGENT FOR CORPORATION; REGISTERED AGENT FOR LLC]. Recipient's position or registered-agent status was confirmed by [FACTS]. Va. Code § 8.01-299(1).

6. If I selected posting above, I noted the manner and date of service on the original and the posted copy of the process as required by Va. Code § 8.01-296(2)(c). [DESCRIBE ANY ADDITIONAL FACTS NEEDED TO IDENTIFY THE PLACE AND METHOD].

7. I returned the process bearing the date, manner, and party served to the clerk on [__/__/____]. Va. Code § 8.01-325(A) ordinarily requires return within 72 hours of service, with the next-day rule when the deadline falls on a Saturday, Sunday, or legal holiday; § 8.01-294 addresses the effect of a late return.

I declare under oath that the foregoing facts are true.

PRIVATE SERVER — [SERVER'S FULL NAME]

Signature: ________________________________________

Address: [FULL BUSINESS OR MAILING ADDRESS]

Telephone: [PHONE NUMBER]

Subscribed and sworn to or affirmed before me on [__/__/____] by [SERVER'S FULL NAME].

________________________________________

Notary public

Printed name: [NOTARY'S NAME]

Commission expires: [__/__/____]

Registration number: [________________________________]

[NOTARIAL SEAL]