HB1550: Service of process; plaintiff requesting on defendant where service was not had, plaintiff must pay.

Chief Patron

Del. Chris Peace (R-97)

Chris Peace (R-97)
Mechanicsville, VA
Served: 2006–

Progress

	Introduced
	Passed Committee
	Passed House
	Passed Senate
	Signed by Governor
	Became Law

Status

02/01/2008: Failed to Pass in Committee

View Entire History

Summary

Service of process. Provides that if a plaintiff requesting the reissuance of service of process on a defendant where service was not had, the plaintiff must pay the requisite fee for each subsequent reissuance of process requested after two attempts have been made. Currently, the law provides that process may be reissued once if service is not had after the initial request and that no fee is charged for this reissuance, but it is silent on subsequent requests for reissuances. The bill also eliminates the exception that requests for reissuance of a notice of motion for judgment are not governed by the reissuance provision. The bill further clarifies that in civil actions in the general district courts, service of process is considered timely if (i) it is made within 12 months of the commencement of an action, or (ii) if made more than 12 months after an action is commenced, the court finds that the plaintiff exercised due diligence to have timely service made on the defendant.