Bill Text: VA SB214 | 2024 | Regular Session | Prefiled
Bill Title: Corporation, limited liability company, etc.; service of garnishment summons.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2024-04-04 - Governor: Acts of Assembly Chapter text (CHAP0500) [SB214 Detail]
Download: Virginia-2024-SB214-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §8.01-513 of the Code of Virginia is amended and reenacted as follows:
§8.01-513. Service upon corporation, limited liability company, limited partnership, or financial institution.
A. If the person upon whom there is a suggestion of liability
as provided in §8.01-511 is a corporation,
limited liability company, limited partnership, financial institution, or other
entity authorized to do business in the Commonwealth
under state or federal law or required to be registered by the State
Corporation Commission, the summons shall be served upon an officer, an employee designated by the
corporation other than an officer of the corporation, or, if there is no
designated employee or the designated employee cannot be found, upon a managing
employee of the corporation other than an officer of the garnishment
designee of such corporation, limited
liability company, limited partnership, financial institution, or other entity,
unless such garnishment designee is also the judgment debtor.
If the judgment creditor or his attorney files with the court a certificate
that he has used due diligence and that (i)
no such officer or
employee or other person authorized to accept such service can be found within
the Commonwealth or corporation,
limited liability company, limited partnership, financial institution, or other
entity has no garnishment designee;
(ii) such garnishment
designee cannot be found at the designated address;
or managing employee found (iii) such garnishment designee
is also the judgment debtor, then such summons shall be served on the registered agent of the corporation (a) in accordance
with the provisions of §8.01-299, 8.01-301, or 8.01-304 or (b) upon the clerk of the
State Corporation Commission as provided in §§13.1-637, 13.1-766, 13.1-836 and
13.1-928 a managing
employee. However, service
on the corporation shall not be made upon a designated or Before serving
the registered or statutory agent of a financial institution pursuant to clause
(a), the judgment creditor or his attorney must further
certify that after exercising due diligence, no managing
employee could be found in the Commonwealth, that such managing employee who
is also the judgment debtor, or that, upon
information and belief, the financial institution has authorized or requested
such service of process.
If the corporation intends to designate an employee for service, the
corporation shall file a designation with the State Corporation Commission.
B. If the person
upon whom there is a suggestion of liability as provided in §8.01-511 is a
limited liability company, the summons shall be served upon a member, manager,
or employee designated by the limited liability company for the purpose of such
service or, if there is no designated member, manager, or employee, or the
designated member, manager, or employee cannot be found, upon a managing
employee of the limited liability company. If the judgment creditor or his
attorney files with the court a certificate that he has used due diligence and
that (i) no such member, manager, or employee or other person authorized to
accept such service can be found within the Commonwealth
or (ii) such designated member, manager, employee, or managing employee found is
also the judgment debtor, then such summons shall be served on the registered
agent of the limited liability company or upon the clerk of the State
Corporation Commission as provided in §13.1-1018. However, service on the
limited liability company shall not be made upon a designated member, manager,
employee, or managing employee who is also the judgment debtor. If the limited
liability company intends to designate a member, manager, or employee for
service, the limited liability company shall file a designation with the State
Corporation Commission.
C. For the purposes of this section,:
"Garnishment designee" means an employee, officer, member, manager, partner, registered agent, or other natural person designated by a corporation, limited liability company, limited partnership, financial institution, or other entity pursuant to a designation filed with the State Corporation Commission. Such designation shall include the garnishment designee's name and physical street address within the Commonwealth where service may be made during regular business hours. The garnishment designee may designate one or more additional natural persons at the same physical street address upon whom summons may be served. Such designation shall be in writing and shall be notarized. Whenever such other designated person accepts service of process on behalf of the garnishment designee, a copy of such written and notarized designation shall be attached to the return of service of process.
"managing
employee" "Managing
employee" means an employee charged by
the corporation or the limited liability company, as applicable, with the
control of operations and supervision of employees at the business location of
such corporation or limited liability company where process is sought to be served.
