CODE OF VIRGINIA

SPECIFIC ADDRESSES FOR MAILING BY STATUTORY AGENT (§ 8.01-313)

A. For the statutory agent appointed pursuant to §§ 8.01-308 and 8.01-309, the
address for the mailing of the process as required by § 8.01-312 shall be the
last known address of the nonresident or, where appropriate under subdivision 1
or 2 of § 8.01-310 B, of the executor, administrator, or other personal
representative of the nonresident. However, upon the filing of an affidavit by
the plaintiff that he does not know and is unable with due diligence to
ascertain any post-office address of such nonresident, service of process on the
statutory agent shall be sufficient without the mailing otherwise required by
this section. Provided further that:

   1.  In the case of a nonresident defendant licensed by the Commonwealth to
   operate a motor vehicle, the last address reported by such defendant to the
   Department of Motor Vehicles as his address on an application for or renewal
   of a driver’s license shall be deemed to be the address of the defendant
   for the purpose of the mailing required by this section if no other address is
   known, and, in any case in which the affidavit provided for in § 8.01-316 of
   this chapter is filed, such a defendant, by so notifying the Department of
   such an address, and by failing to notify the Department of any change
   therein, shall be deemed to have appointed the Commissioner of the Department
   of Motor Vehicles his statutory agent for service of process in an action
   arising out of operation of a motor vehicle by him in the Commonwealth, and to
   have accepted as valid service such mailing to such address; or

   2.  In the case of a nonresident defendant not licensed by the Commonwealth to
   operate a motor vehicle, the address shown on the copy of the report of
   accident required by § 46.2-372 filed by or for him with the Department, and
   on file at the office of the Department, or the address reported by such a
   defendant to any state or local police officer, or sheriff investigating the
   accident sued on, if no other address is known, shall be conclusively presumed
   to be a valid address of such defendant for the purpose of the mailing
   provided for in this section, and his so reporting of an incorrect address, or
   his moving from the address so reported without making provision for
   forwarding to him of mail directed thereto, shall be deemed to be a waiver of
   notice and a consent to and acceptance of service of process served upon the
   Commissioner of the Department of Motor Vehicles as provided in this section.

B. For the statutory agent appointed pursuant to § 64.2-1426, the address for
the mailing of process as required by § 8.01-312 shall be the address of the
fiduciary’s statutory agent as contained in the written consent most
recently filed with the clerk of the circuit court wherein the qualification of
such fiduciary was had or, in the event of the death, removal, resignation or
absence from the Commonwealth of such statutory agent, or in the event that such
statutory agent cannot with due diligence be found at such address, the address
of the clerk of such circuit court.

HISTORY: Code 1950, § 8-67.2; 1954, c. 333; 1970, c. 680; 1972, c. 408; 1976,
c. 26; 1977, c. 617; 1983, c. 467; 1984, c. 780; 1991, c. 672.