Virginia § 8.01-513 - Service upon corporation, limited liability company, limited partnership, or financial institution

§ 8.01-513. Service upon corporation, limited liability company, limited partnership, or financial institution

A. If the person upon whom there is a suggestion of liability as provided in § 8.01-511 is a corporation, limited liability company, limited partnership, financial institution as defined in § 6.2-100, or other entity authorized to do business in the Commonwealth under state or federal law or required to be registered by the State Corporation Commission, the summons shall be served upon the garnishment designee of such corporation, limited liability company, limited partnership, financial institution as defined in § 6.2-100, or other entity, unless such garnishment designee is also the judgment debtor. If the judgment creditor or his attorney files with the court a certificate that such judgment creditor or attorney has used due diligence and that (i) such corporation, limited liability company, limited partnership, financial institution as defined in § 6.2-100, or other entity has no garnishment designee; (ii) such garnishment designee cannot be found at the designated address; or (iii) such garnishment designee is also the judgment debtor, then such summons shall be served (a) in accordance with the provisions of § 8.01-299, 8.01-301, or 8.01-304 or other provision of law applicable to service of process upon such entity or (b) upon a managing employee. Before serving the registered or statutory agent of a financial institution pursuant to clause (a), the judgment creditor or his attorney must further certify that after exercising due diligence, no managing employee could be found in the Commonwealth, that such managing employee is also the judgment debtor, or that, upon information and belief, the financial institution has authorized or requested such service of process.

B. For the purposes of this section:

"Garnishment designee" means an employee, officer, member, manager, partner, registered agent, or other natural person designated by a corporation, limited liability company, limited partnership, financial institution as defined in § 6.2-100, or other entity pursuant to a designation filed with the State Corporation Commission. Such designation shall include the garnishment designee's name and physical street address within the Commonwealth where service may be made during regular business hours. The garnishment designee may designate one or more additional natural persons at the same physical street address upon whom summons may be served. Such designation shall be in writing and shall be notarized. Such designation shall be on file and upon demand with the garnishment designee. Whenever such other designated person accepts service of process on behalf of the garnishment designee, a copy of such written and notarized designation shall be attached to the return of service of process.

"Managing employee" means an employee charged by the corporation, limited liability company, limited partnership, financial institution as defined in § 6.2-100, or other entity as applicable, with the control or who reasonably appears to have control of operations and supervision of employees at the business location of such corporation or limited liability company where process is sought to be served.

Code 1950, § 8-441.2; 1974, c. 561; 1977, c. 617; 1980, c. 514; 1997, c. 395; 1998, cc. 723, 737; 2004, c. 231; 2006, c. 912; 2024, c. 500.