§ 8.01-313.Specific addresses for mailing by statutory agent and resident agent.
Chapter 8. Process · Article 4. Who to Be Served · Last amended 2024 · Last verified July 16, 2026
In one sentenceSection 8.01-313 specifies which address the statutory agent uses to mail process — the DMV-license address for a licensed nonresident driver, the accident-report address for an unlicensed one, or the address in the written consent on file with the circuit court clerk for a fiduciary's statutory agent under §64.2-1426.
A.For the statutory agent appointed pursuant to §§ 8.01-308 and 8.01-309, the address for the mailing of the process as required by § 8.01-312 shall be the last known address of the nonresident or, where appropriate under subdivision B 1 or 2 of § 8.01-310, of the executor, administrator, or other personal representative of the nonresident. However, upon the filing of an affidavit by the plaintiff that he does not know and is unable with due diligence to ascertain any post-office address of such nonresident, service of process on the statutory agent shall be sufficient without the mailing otherwise required by this section. Provided further that:
1.In the case of a nonresident defendant licensed by the Commonwealth to operate a motor vehicle, the last address reported by such defendant to the Department of Motor Vehicles as his address on an application for or renewal of driving privileges shall be deemed to be the address of the defendant for the purpose of the mailing required by this section if no other address is known, and, in any case in which the affidavit provided for in § 8.01-316 is filed, such a defendant, by so notifying the Department of such an address, and by failing to notify the Department of any change therein, shall be deemed to have appointed the Commissioner of the Department of Motor Vehicles his statutory agent for service of process in an action arising out of operation of a motor vehicle by him in the Commonwealth, and to have accepted as valid service such mailing to such address; or
2.In the case of a nonresident defendant not licensed by the Commonwealth to operate a motor vehicle, the address shown on the copy of the report of accident required by § 46.2-372 filed by or for him with the Department, and on file at the office of the Department, or the address reported by such a defendant to any state or local police officer, or sheriff investigating the accident sued on, if no other address is known, shall be conclusively presumed to be a valid address of such defendant for the purpose of the mailing provided for in this section, and his so reporting of an incorrect address, or his moving from the address so reported without making provision for forwarding to him of mail directed thereto, shall be deemed to be a waiver of notice and a consent to and acceptance of service of process served upon the Commissioner of the Department of Motor Vehicles as provided in this section.
B.For the statutory agent appointed pursuant to § 64.2-1426, the address for the mailing of process as required by § 8.01-312 shall be the address of the fiduciary's statutory agent as contained in the written consent most recently filed with the clerk of the circuit court wherein the qualification of such fiduciary was had or, in the event of the death, removal, resignation, or absence from the Commonwealth of such statutory agent, or in the event that such statutory agent cannot with due diligence be found at such address, the address of the clerk of such circuit court.
C.The address and procedures for the mailing of process by the Clerk of the State Corporation Commission as statutory agent are governed by § 12.1-19.1.
Plain-English Summary
Subsection A ties the mailing address for a nonresident motorist to whatever address the state already has on file. For a nonresident licensed to drive in Virginia, the last address reported to the Department of Motor Vehicles on an application or renewal counts as the address for mailing, and continuing to report that address while failing to update it is treated as accepting mail sent there as valid service. For an unlicensed nonresident, the address on the accident report filed with the Department, or reported to an investigating police officer or sheriff, is conclusively presumed valid, and reporting a wrong address or moving without arranging for forwarding counts as a waiver of notice and consent to service.
If the plaintiff does not know the nonresident's address and cannot ascertain it with due diligence, filing an affidavit to that effect makes service on the statutory agent sufficient without any mailing at all. Subsection B addresses a different scenario entirely: the address for a fiduciary's statutory agent appointed under §64.2-1426 is the address in that agent's most recent written consent filed with the circuit court clerk, or the clerk's own address if the agent cannot be found there. Subsection C leaves the Clerk of the State Corporation Commission's mailing address and procedures to §12.1-19.1.
Frequently Asked Questions
What address is used to mail process to a licensed nonresident driver?
The last address that driver reported to the Department of Motor Vehicles on an application for or renewal of driving privileges.
What if the nonresident was not licensed to drive in Virginia?
The address on the accident report filed with the Department of Motor Vehicles, or the address the defendant reported to an investigating police officer or sheriff, is conclusively presumed valid.
What if the plaintiff does not know the nonresident's address at all?
Filing an affidavit that the address is unknown despite due diligence makes service on the statutory agent sufficient without any mailing otherwise required.
What happens if the nonresident reported an incorrect address or moved without forwarding mail?
That is deemed a waiver of notice and a consent to and acceptance of service on the Commissioner of the Department of Motor Vehicles.
What address applies for a fiduciary's statutory agent under §64.2-1426?
The address in the fiduciary's most recently filed written consent with the circuit court clerk, or the clerk's own address if that agent cannot be found there.
Amendment History
Code 1950, § 8-67.2; 1954, c. 333; 1970, c. 680; 1972, c. 408; 1976, c. 26; 1977, c. 617; 1983, c. 467; 1984, c. 780; 1991, c. 672; 2020, cc. 1227, 1246; 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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