SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

1998 SESSION

  • | print version

HB 777 Service of process on foreign defendants.

Introduced by: R. Creigh Deeds | all patrons    ...    notes | add to my profiles

SUMMARY:

Service of process on foreign defendants by service on Secretary of Commonwealth. Requires that service of process on foreign defendants over whom the court has personal jurisdiction shall be by, at a minimum, certified mail. (The bill also makes that change for Virginia defendants who, despite a plaintiff's due diligence, cannot be found.) Current law allows such service by ordinary mail (via the Secretary of the Commonwealth); however, the Court of Appeals of Maryland (the state's highest court) in Miserando v. Resort Properties, Inc., held that service by ordinary mail by a Virginia plaintiff upon a Maryland defendant did not satisfy minimum due process requirements. Current practice raises the question whether Virginia process will be given full faith and credit in Maryland; the bill would meet that court's minimum due process requirement for service (that which is now required by 48 states).

The bill also raises the fee collectible by the Secretary of the Commonwealth for such service from $15 to $19 to account for the additional cost ($2.45) of certified mail, return receipt requested.


FULL TEXT

HISTORY