SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

1997 SESSION

971318362
HOUSE BILL NO. 2321
Offered January 17, 1997
A BILL to amend and reenact § 8.01-513 of the Code of Virginia, relating to service upon corporations.
----------

Patrons-- Moran, Armstrong, Darner, Keating, McEachin, Puller, Reid and Tate
----------
Referred to Committee for Courts of Justice
----------

Be it enacted by the General Assembly of Virginia:

1. That § 8.01-513 of the Code of Virginia is amended and reenacted as follows:

§ 8.01-513. Service upon corporation.

Notwithstanding the provisions of §§ 13.1-637, 13.1-766, 13.1-836 and 13.1-928, if the person upon whom there is a suggestion of liability as provided in § 8.01-511 is a corporation and the corporation has fewer than 100 employees in the Commonwealth, the summons shall be served upon an officer, or managing employee of the corporation other than an officer of the corporation, unless the judgment creditor shall file with the court a certificate that he has used due diligence and that no such officer or managing employee of the corporation other than an officer or other person authorized to accept such service can be found within the Commonwealth, in which case such summons shall be served or on the registered agent of the corporation or upon the clerk of the State Corporation Commission as is otherwise provided by law. Provided, however, that However, service on the corporation shall not be made upon a managing employee of such corporation if such managing employee is also the judgment debtor. Service on any corporation having 100 or more employees in the Commonwealth shall be made in accordance with §§ 13.1-637, 13.1-766, 13.1-836 and 13.1-928.