§ 8.01-310.How service made on Commissioner, Secretary, and Clerk; appointment binding.
Chapter 8. Process · Article 4. Who to Be Served · Last amended 2024 · Last verified July 16, 2026
In one sentenceSection 8.01-310 sets how process reaches the Commissioner, Secretary, or Clerk as statutory agent — a copy and fee left in their office, effective on that date — and makes the nonresident's deemed appointment of that agent irrevocable and binding even on the executor or personal representative of a nonresident who has died.
A.Service of process on the Clerk of the State Corporation Commission as a statutory agent authorized by law to receive service of process on behalf of any natural person, corporation, or other entity is governed by § 12.1-19.1.
Service of process on either the Commissioner of the Department of Motor Vehicles as authorized under § 8.01-308 or on the Secretary of the Commonwealth as authorized under § 8.01-309 shall be made by the plaintiff or his agent or the sheriff leaving a copy of such process together with the fee for service of process on parties, in the amount prescribed in § 2.2-409, for each party to be thus served, in the hands, or in the office, of the Commissioner or the Secretary. Service on the statutory agent shall be deemed sufficient upon the person or entity served and shall be effective on the date when service is made on the Commissioner or the Secretary pursuant to this subsection or on the Clerk of the State Corporation Commission pursuant to subsection A of § 12.1-19.1, provided, however, that the time to respond to process sent by the Commissioner, Secretary, or Clerk as statutory agent is governed by subsection C of § 8.01-312. All fees collected by the Commissioner pursuant to the provisions of this section shall be paid into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department of Motor Vehicles.
B.Appointment of the Commissioner or Secretary as attorney or agent for the service of process on a nonresident under § 8.01-308 or 8.01-309 shall be irrevocable and binding upon the executor or other personal representative of such nonresident, and:
1.Where a nonresident has died before the commencement of an action against him regarding an accident or collision under § 8.01-308 or 8.01-309, such appointment shall be irrevocable and binding upon the executor or other personal representative of such nonresident; or
2.Where a nonresident dies after the commencement of an action against him regarding an accident or collision under § 8.01-308 or 8.01-309, the action shall continue and such appointment shall be irrevocable and binding upon his executor, administrator, or other personal representative with such additional notice of the pendency of the action as the court deems proper.
C.The provisions of subsection B apply, mutatis mutandis, to actions in which a natural person served with process through the Clerk of the State Corporation Commission as his agent has died before or after the commencement of the action.
Plain-English Summary
Section 8.01-310 fills in the mechanics behind the deemed appointments created by §§ 8.01-308 and 8.01-309. Service on the Commissioner of the Department of Motor Vehicles or the Secretary of the Commonwealth is made by the plaintiff, his agent, or the sheriff leaving a copy of the process, together with the prescribed fee, in the hands or office of the Commissioner or Secretary. Service is deemed sufficient upon the person served and effective on the date it is made, though the time to respond runs on the separate schedule set by § 8.01-312.
Subsection B addresses what happens when the nonresident is no longer alive. The appointment of the Commissioner or Secretary as agent is irrevocable and binding on the executor or other personal representative whether the nonresident died before the action was even filed or after it was already underway — in the latter case, the action continues, with whatever additional notice to the representative the court deems proper. Subsection C extends the same irrevocable, binding-on-death principle to a natural person served through the Clerk of the State Corporation Commission as statutory agent.
Frequently Asked Questions
How is process delivered to the Commissioner or Secretary?
The plaintiff, his agent, or the sheriff leaves a copy of the process, together with the prescribed fee, in the hands or office of the Commissioner or the Secretary.
When is service on the statutory agent considered effective?
On the date service is made on the Commissioner, the Secretary, or the Clerk of the State Corporation Commission.
What happens if the nonresident dies before suit is filed?
The appointment of the statutory agent remains irrevocable and binding on the executor or other personal representative of the nonresident.
What if the nonresident dies after the action starts?
The action continues, and the appointment remains irrevocable and binding on the executor, administrator, or other personal representative, with such additional notice as the court deems proper.
Where do the fees collected by the Commissioner go?
Into the state treasury, set aside as a special fund to meet the expenses of the Department of Motor Vehicles.
Amendment History
Code 1950, §§ 8-67.2, 8-67.4; 1952, c. 384; 1954, c. 333; 1970, c. 680; 1972, c. 408; 1976, c. 26; 1977, c. 617; 1987, c. 696; 1992, c. 459; 2000, c. 579; 2013, c. 113; 2024, c. 454.
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
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