§ 8.01-513.Service upon corporation, limited liability company, limited partnership, or financial institution.
Chapter 18. Executions and Other Means of Recovery · Article 7. Garnishment · Last amended 2024 · Last verified July 16, 2026
In one sentenceRequires a garnishment summons against a business entity or financial institution to be served on its “garnishment designee” filed with the State Corporation Commission, unless that designee is also the debtor, and provides fallback service on a registered or statutory agent or a managing employee, with an extra due-diligence certification before falling back to a financial institution’s registered agent.
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 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 such judgment creditor or attorney has used due diligence and that (i) such 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 (iii) such garnishment designee is also the judgment debtor, then such summons shall be served (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 a managing employee. 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 is also the judgment debtor, or that, upon information and belief, the financial institution has authorized or requested such service of process.
"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. Such designation shall be on file and upon demand with the garnishment designee. 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" means an employee charged by the corporation, 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.
Plain-English Summary
Corporations, LLCs, limited partnerships, and financial institutions do not answer their own mail the way an individual does, so garnishment law gives creditors a designated target to serve: the “garnishment designee,” a specific person and physical address the entity has filed with the State Corporation Commission for exactly this purpose.
That designation is not casual — it names the person, gives a physical Virginia street address for service during business hours, and must be notarized. An entity can even authorize additional people at that same address to accept service, but if someone other than the named designee accepts, a copy of the notarized designation must go with the return of service.
Sometimes there is no clean designee to serve: the entity never filed one, the designee cannot be found at the listed address, or the designee turns out to be the debtor itself. For those situations, the creditor can certify due diligence and fall back to standard entity-service methods under §§ 8.01-299, 8.01-301, or 8.01-304, or serve a “managing employee,” someone who runs, or reasonably appears to run, the location where service is sought.
Financial institutions get one more layer of protection before a creditor can serve their registered or statutory agent instead: the creditor must further certify that no managing employee could be found in the Commonwealth, that the managing employee is also the debtor, or that the institution has, in effect, requested or authorized that kind of service.
Frequently Asked Questions
Who is normally served with a garnishment summons against a business entity?
The entity’s garnishment designee, as filed with the State Corporation Commission.
What is required for a valid garnishment designee designation?
A name and physical street address in the Commonwealth for service during regular business hours, in writing and notarized, kept on file with the designee.
What happens if the designee cannot be found or is also the judgment debtor?
The creditor may certify due diligence and serve the entity under §§ 8.01-299, 8.01-301, or 8.01-304, or serve a managing employee.
What extra certification is needed before serving a financial institution’s registered agent?
Certification that, after due diligence, no managing employee could be found, that the managing employee is also the debtor, or that the institution has authorized or requested that service.
What is a “managing employee” under this section?
An employee charged with, or who reasonably appears to have, control of operations and supervision of employees at the business location where service is sought.
Amendment History
Code 1950, § 8-441.2; 1974, c. 561; 1977, c. 617; 1980, c. 514; 1997, c. 395; 1998, cc. 723, 737; 2004, c. 231; 2006, c. 912; 2024, c. 500.
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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