Today we’re going to walk through a real Service of Process document for Small Claims Court here in Virginia. Our Recovering Lawyer previously talked about Service of Process so today we’re just going to focus on the form needed to conduct a Service of Process on an out-of-state corporation. This is the form I used to recently conduct a Service of Process against Cinch Home Services. This is 100% something you can do yourself without a lawyer. Also, another big shout-out to the Clerk’s Office here in Fairfax County. They provided excellent guidance to ensure I understood the form. Always remember to talk to your clerk’s office for guidance. They are there to help, so don’t be scared to ask for it.
Part 1
Include Plaintiff name vs Defendant Name, applicable court location, case number (ask clerk for this information), and court address.
Part 2
This part of the form requires selecting the specific section of law as it applies to the case. I selected 13.1-766 as it applies to the Virginia code.
§ 13.1-766. Service of process on foreign corporation.
A. The registered agent of a foreign corporation authorized to transact business in the Commonwealth shall be an agent of the foreign corporation upon whom any process, notice, order, or demand required or permitted by law to be served upon the corporation may be served. The registered agent may by instrument in writing, acknowledged before a notary public, designate a natural person or persons in the office of the registered agent upon whom any such process, notice, order, or demand may be served. Whenever any such person accepts service of process, a photographic copy of such instrument shall be attached to the return.
B. Whenever a foreign corporation authorized to transact business in the Commonwealth fails to appoint or maintain a registered agent in the Commonwealth, or whenever its registered agent cannot with reasonable diligence be found at the registered office, then the clerk of the Commission shall be an agent of the foreign corporation upon whom service may be made in accordance with § 12.1-19.1.
C. Nothing in this section shall limit or affect the right to serve any process, notice, order, or demand, required or permitted by law to be served upon a foreign corporation in any other manner now or hereafter permitted by law.
Part 3
List the registered agent. Ask your State Corporation Commission (SCC) office for this information. Or you can just find it on their website.
Part 4
Include your personal info.
And that’s it you’re done!
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