Service Affidavit - Virginia

AFFIDAVIT OF SERVICE

(Commonwealth of Virginia)

I. DOCUMENT HEADER

IN THE ☐ COURT OF [___] COUNTY/CITY, VIRGINIA
Case No.: [___]

[PLAINTIFF NAME],
Plaintiff,

v.

[DEFENDANT NAME],
Defendant.

II. AFFIANT IDENTIFICATION

1. I, [FULL LEGAL NAME] (“Affiant”), being first duly sworn, state as follows:

a. I am over eighteen (18) years of age, of sound mind, and competent to testify to the matters stated herein.
b. I am [check one]:
☐ a duly appointed Deputy Sheriff of [County/City], Virginia; or
☐ a private process server authorized pursuant to VA. CODE ANN. § 8.01-293(A) and in compliance with § 8.01-325.
c. I am not a party to, or otherwise interested in, the above-captioned action.

III. DOCUMENTS SERVED

2. On the date and at the time set forth below, I served the following documents (collectively, the “Service Documents”):

• [Summons]
• [Complaint / Petition / Motion / Subpoena / Other]
• [Exhibits]
• [Scheduling Order]
• [Other: __________]

IV. PARTY & LOCATION OF SERVICE

3. Name of person/Entity served: ☐
4. Physical address at which service was effected:
   Street: [___]
   City/County: ☐, Virginia Zip: [___]

V. METHOD OF SERVICE

5. Service was effected on [DATE] at [TIME] [a.m./p.m.] as follows (select one and describe as required):

a. ☐ Personal Service – I personally delivered true copies of the Service Documents to the above-named individual in accordance with VA. CODE ANN. § 8.01-296(1).

b. ☐ Substituted Service – Family/Household Member – I delivered the Service Documents at the individual’s usual place of abode to [NAME], who is a member of the individual’s family or household, is at least sixteen (16) years of age, and was informed of the general nature of the papers, pursuant to VA. CODE ANN. § 8.01-296(2).

c. ☐ Posted Service – After exercising due diligence to effect personal or substituted service, I posted the Service Documents at the front door (or main entrance) of the usual place of abode of the party to be served, pursuant to VA. CODE ANN. § 8.01-296(2)(b).

d. ☐ Corporation / Registered Agent – I personally delivered the Service Documents to [NAME], the registered agent of [CORPORATE DEFENDANT], at [REGISTERED OFFICE ADDRESS], pursuant to VA. CODE ANN. § 8.01-299.

e. ☐ Waiver / Acceptance – The party executed a written waiver or acceptance of service attached hereto as Exhibit [A] in accordance with VA. CODE ANN. § 8.01-286.1.

6. Physical description of the individual personally or substitute-served (if applicable):
   Sex: [___] Race: [___] Approx. Age: [___] Height: [___] Weight: [___] Other Identifiers: [___]

VI. TIMELINESS OF RETURN

7. I understand that, in accordance with VA. CODE ANN. § 8.01-294 (sheriff) or § 8.01-325 (private process server), this Affidavit must be filed with the Clerk of Court no later than seventy-two (72) hours after service or as soon thereafter as practicable, but in any event not fewer than five (5) business days before any default-judgment hearing, unless otherwise ordered by the Court.

VII. STATEMENT OF DILIGENCE (for Posted Service only)

8. (Complete only if ¶ 5(c) is selected.) Prior to posting, I exercised due diligence to locate and personally serve the party as follows:
   • Dates and times attempted: [___]
   • Addresses attempted: [___]
   • Outcome of each attempt: [___]
   I was unable to effect personal or substituted service despite the above diligent efforts.

VIII. FEES & MILEAGE (Private Process Server only)

9. My fee for service is $[___] and mileage reimbursement is $[___], calculated in accordance with VA. CODE ANN. § 8.01-325(C).

IX. AFFIANT’S CERTIFICATION

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information, and belief.

Date: __________, 20__

_______________________________
[NAME OF AFFIANT]
[Official Title / “Private Process Server”]
[Business Address]
[Telephone] | [Email]

X. NOTARIAL ACKNOWLEDGMENT

COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF ☐ to-wit:

Subscribed and sworn to (or affirmed) before me this ___ day of __________, 20__, by [NAME OF AFFIANT].

My commission expires: _____/_____/_______
Notary registration no.: [___]

_______________________________
Notary Public

XI. CERTIFICATE OF FILING (Optional)

I certify that this Affidavit of Service was filed with the Clerk of the ☐ Court of [___] County/City, Virginia, on _____________, 20__.

_______________________________
Clerk / Deputy Clerk