No return shall be conclusive proof as to service of process. The return of a sheriff shall be prima facie evidence of the facts therein stated, and the return of a qualified individual under subdivision 2 of § 8.01-293 shall be evidence of the facts stated therein.
§ 8.01-326.Return as proof of service.
Chapter 8. Process · Article 4. Who to Be Served · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-326 makes clear that no return of process is conclusive proof of service, though a sheriff’s return counts as prima facie evidence of what it states and a qualified private server’s return counts as evidence of what it states.
Full Text of § 8.01-326
Plain-English Summary
A return of service documents that process was served, but Section 8.01-326 makes clear it is not the last word on the subject. No return shall be conclusive proof as to service of process, meaning it can be challenged and, where the facts warrant, overcome. A sheriff’s return carries more weight than an ordinary assertion: it is prima facie evidence of the facts stated in it, shifting the burden to whoever disputes it.
A private process server’s return, made by someone qualified under subdivision 2 of § 8.01-293, is evidence of the facts it states, giving it standing in court without the same “conclusive” label attaching to either kind of return. Together with § 8.01-325’s return requirements, this section defines both what proof of service looks like and how much weight a court gives it.
Frequently Asked Questions
Is a sheriff’s return of service final and unchallengeable?
No. No return is conclusive proof of service, though a sheriff’s return is prima facie evidence of the facts it states.
What weight does a private process server’s return carry?
It is evidence of the facts stated in it, under the qualification requirements of § 8.01-293.
Can a defendant contest a return of service?
The section’s premise — that no return is conclusive — means a return can be challenged and, with sufficient proof, overcome.
Which section defines who qualifies to serve process privately?
Section 8.01-293, referenced here for the private-server return provision.
When was this section enacted?
In 1977, c. 627.
Amendment History
1977, c. 627.
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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