CODE OF VIRGINIA WHEN SERVICE OF PROCESS IS TIMELY (ยง 8.01-275.1) Service of process in an action or suit within twelve months of commencement of the action or suit against a defendant shall be timely as to that defendant. Service of process on a defendant more than twelve months after the suit or action was commenced shall be timely upon a finding by the court that the plaintiff exercised due diligence to have timely service made on the defendant. HISTORY: 1994, c. 519.