28.2-401 - Service of process for nonresident individuals, foreign corporations, general and limited partnerships.
§ 28.2-401. Service of process for nonresident individuals, foreigncorporations, general and limited partnerships.
A. A nonresident applicant who is an individual shall by written power ofattorney appoint the Secretary of the Commonwealth his agent, upon whom shallbe served all lawful process against or notice to such licensee, and whoshall be authorized to enter an appearance in his behalf. The service shallonly be made in duplicate upon the Secretary of the Commonwealth. The powerof attorney shall be filed with the Secretary of the Commonwealth, and copiescertified by him shall be received as evidence in all the courts of thisCommonwealth. No judgment shall be entered against the licensee until afterthe process has been served for at least ten days.
Whenever lawful process against, or notice to, any such individual is served,the Secretary of the Commonwealth shall immediately mail a copy of suchprocess or notice to such individual. The Secretary of the Commonwealth shallcollect the fee prescribed in § 2.2-409 for the service of process or notice,which shall be paid by the plaintiff at the time of such service. The costsshall be recoverable by the plaintiff as a part of the taxable costs if heprevails in the suit or action.
A judgment, decree or order of the court entered or made against any suchindividual shall be as valid and binding on such individual as if he had beena resident and served with process or notice.
B. The service of process on (i) a nonresident firm or corporation shall beas provided in § 13.1-766, (ii) a general partnership shall be as provided in§ 8.01-304 and (iii) a limited partnership shall be as provided in § 50-73.7.
(Code 1950, § 28-62; 1962, c. 406, § 28.1-60; 1976, c. 384; 1978, c. 347;1992, c. 836.)