Process received in time good though neither served nor accepted (§ 8.01-288)—Virginia Decoded

Process received in time good though neither served nor accepted

Except for process commencing actions for divorce or annulment of marriage or other actions wherein service of process is specifically prescribed by statute, process which has reached the person to whom it is directed within the time prescribed by law, if any, shall be sufficient although not served or accepted as provided in this chapter.

History

Code 1950, § 8-53; 1977, c. 617; 1987, c. 594; 1988, c. 583.

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Court Decisions

Frey v. Jefferson Homebuilders, Inc. (SCV, 03/01/96)
. . . Code § 8.01-288. We do not agree. . . .

Bendele Ex Rel. Bendele v. Com. (COA, 03/30/99)
. . . Rule 2A:4.[1] However, she asserts that Code § 8.01-288[2] cures that defect because the agency . . .

Davis v. American Interinsurance Exchange (SCV, 09/07/84)
. . . behalf in response to same .... [Although] Code § 8.01-288[2] now recognizes the validity of . . .

LIFESTAR RESPONSE v. Vegosen (SCV, 04/23/04)
. . . Justice. . . .

Garritty v. VIRGINIA DSS EX REL. SINIFT (COA, 09/11/90)
. . . 264. . . .

Leah Bendele, An Infant v. CW, DMAS (COA, 03/30/99)
. . . Rule 2A:4. 1 However, she asserts that Code . . .

Retirement System v. Avery (SCV, 09/14/01)
. . . service of process,[2] we agree with her that Code § 8.01-288 cures the defective service. That . . .

Verosol BV v. Hunter Douglas, Inc. (District Court, E.D. Virginia, 11/05/92)
. . . .1-758, this defect is cured by 2 Va.Code Ann. 8.01-288 (Michie 1992), which provides that "[e]xcept . . .

VIRGINIA EMP. v. Porter-Blaine Corp. (COA, 04/21/98)
. . . .2d 150, 151 n. 2 (1990) (citing Code § 8.01-288). Code § 8.01-288 states: . . .

Keith Kessler v. Dennis Smith, Director, DMAS (COA, 12/07/99)
. . . that the saving provisions . . .

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