Bill Text: VA SB214 | 2024 | Regular Session | Comm Sub
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-Comm_Sub.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 as defined in §6.2-100, 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 as defined in §6.2-100, 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 such
judgment creditor or attorney 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 as defined in §6.2-100, 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
other provision of law applicable to service of process upon such entity 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 as defined in §6.2-100, 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, limited partnership, financial institution as
defined in §6.2-100, or other entity as applicable, with the control or
who reasonably appears to have 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.
