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1998 SESSION
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.
If the person upon whom there is a suggestion of liability as provided in
§ 8.01-511 is a corporation, the summons shall be served upon an
officer, an employee designated by the corporation other than an officer of the
corporation, or, if there is no designated employee or the designated employee
cannot be found, upon a managing employee of the corporation other than an
officer of the corporation. If the judgment creditor or his attorney files
with the court a certificate that he has used due diligence and that (i) no
such officer or employee or other person authorized to accept such service can
be found within the Commonwealth or (ii) such designated or managing employee
found is also the judgment debtor, then such summons shall be served on
the registered agent of the corporation or upon the clerk of the State
Corporation Commission as is otherwise provided by
law in §§ 13.1-637, 13.1-766, 13.1-836 and
13.1-928. However, service on the corporation shall not be made
upon a designated or managing employee who is also the judgment debtor. If the
corporation intends to designate an employee for service, the corporation shall
file a designation with the State Corporation Commission.
2. That an emergency exists and this act is in force from its passage.