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Old 04-22-2017, 07:03 AM   #1
Gail777
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Default Who has to serve my small claim court summons in Virginia?

Who has to serve my small claims court summons in Virginia?
I have to "serve it" on the defendant.

Do I have to have a Sheriff do it or can a member of my family do it?
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Old 04-22-2017, 01:09 PM   #2
adjusterjack
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Default Re: Who has to serve my small claim court summons in Virginia?

I googled Virginia small claims and (instantly) up popped the Virginia Small Claims Procedures guide which (amazingly enough) has the process service procedure on the second page:

http://www.courts.state.va.us/resour...procedures.pdf
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Old 04-22-2017, 01:32 PM   #3
Gail777
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Default Re: Who has to serve my small claim court summons in Virginia?

Thank you that is helpful.

But does it answer my question about whether my family member can serve the document?


That is the main question I was asking. I am still not sure I see the answer.
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Old 04-22-2017, 02:51 PM   #4
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Default Re: Who has to serve my small claim court summons in Virginia?

No, your family member is not allowed to serve it.


Quote:
Virginia Rule
8.01-293. Who to serve process.
  1. The following persons are authorized to serve process:
    1. The sheriff within such territorial bounds as described in ยง 8.01-295; or
    2. Any person of age eighteen years or older and who is not a party or otherwise interested in the subject matter in controversy. Whenever in this Code the term "officer" or "sheriff" is used to refer to persons authorized to make, return or do any other act relating to service of process, such term shall be deemed to refer to any person authorized by this section to serve process.
Your family member would certainly be "otherwise interested" so don't take the chance that your defendant can get the case dismissed on that technicality.

Use the sheriff through the court or hire a private process server. My preference has always been private process server because they are specialists at it and get it right.

The fees get included in your judgment when you win.
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Old 04-23-2017, 05:50 AM   #5
Gail777
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Default Re: Who has to serve my small claim court summons in Virginia?

Ahh, I see. Okay thank you very much!
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Old 04-24-2017, 04:31 AM   #6
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Default Re: Who has to serve my small claim court summons in Virginia?

In many courts, anybody that is not a party to the case or witness can serve the document.

Just FYI.
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Old 04-24-2017, 02:57 PM   #7
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Default Re: Who has to serve my small claim court summons in Virginia?

Quote:
Originally Posted by Unregistered View Post
In many courts, anybody that is not a party to the case or witness can serve the document.

Just FYI.
A completely useless observation as I already posted the Virginia rule.

FYI.
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Old 04-25-2017, 06:45 AM   #8
LJJ
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Default Re: Who has to serve my small claim court summons in Virginia?

A family member in and of itself is not an interested party. And that was the question.
Maybe that is what the unregistered person above was trying to say.

The poster above concludes any family member may be a risk when serving the documents, but that is not necessarily the case.
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Old 04-26-2017, 08:47 AM   #9
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Default Re: Who has to serve my small claim court summons in Virginia?

Summons may be served by any adult person who is not a party to the suit. Generally summons are served by Sheriff of the jurisdiction.
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