Upon all contracts hereafter made by more than one person, whether joint only or joint and several, an action may be maintained and judgment rendered against all liable thereon, or any one or any intermediate number, and if, in an action on any contract heretofore or hereafter made, more than one person be sued and process be served on only a part of them, the plaintiff may dismiss or proceed to judgment as to any so served, and either discontinue as to the others, or from time to time as the process is served, proceed to judgment against them until judgment be obtained against all. Such dismissal or discontinuance of the action as to any defendant shall not operate as a bar to any subsequent action which may be brought against him for the same cause.
§ 8.01-30.Procedure in actions on contracts made by several persons.
Chapter 3. Actions · Article 2. Actions on Contracts Generally · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-30 lets a plaintiff suing on a joint or joint-and-several contract obtain judgment against however many of the multiple obligors were served with process, proceeding against the rest later as they’re served, without losing the right to sue any unserved defendant again.
Full Text of § 8.01-30
Plain-English Summary
Section 8.01-30 addresses contracts signed by more than one person, whether their liability is joint only or joint and several. A plaintiff suing on such a contract may obtain judgment against every obligor who is liable, against just one of them, or against any number in between — there is no requirement to sue everyone together or not at all.
The section also handles a practical problem: what if process can be served on only some of the defendants? The plaintiff may proceed to judgment against whoever has been served, then either drop the case against the rest or keep pursuing them, obtaining judgment against each as process is served, until judgment is entered against everyone. This staged approach to service applies to contracts made either before or after the statute’s own enactment, while the core right to sue jointly liable parties together or separately applies to contracts made afterward.
Dismissing or discontinuing the action against one defendant does not close the door on that person. The statute makes clear that such a dismissal is not a bar to a later, separate action against the same defendant for the same underlying claim.
Frequently Asked Questions
If several people signed the same contract, must I sue all of them together?
No. Section 8.01-30 lets a plaintiff obtain judgment against every obligor, against just one, or against any number in between.
What if I can only serve some of the co-obligors with process?
You may proceed to judgment against those served, and either discontinue against the others or keep pursuing them as they are served later.
Can I obtain separate judgments against co-obligors as each is served over time?
Yes. The statute lets the plaintiff proceed to judgment against defendants one after another as process is served on them, until judgment is obtained against all.
If I dismiss my claim against one defendant now, can I sue that person again later?
Yes. Dismissing or discontinuing the action as to a defendant does not bar a later action against that same person for the same cause.
Does Section 8.01-30 apply to contracts signed before it was enacted?
The core right to sue jointly liable parties together or separately applies to contracts made after the statute took effect. But the rule allowing partial service and staged judgments applies to contracts made either before or after.
Amendment History
Code 1950, § 8-514; 1954, c. 333; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: joint and several liability lawsuit Virginiasuing co-obligors Virginiapartial service multiple defendants Virginia8.01-30 Virginia codejudgment against some defendants Virginiacontract with multiple signers lawsuit