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§ 8.01-305.Process against unincorporated associations or orders, or unincorporated common carriers.

Chapter 8. Process · Article 4. Who to Be Served · Last amended 2005 · Last verified July 16, 2026

In one sentenceSection 8.01-305 allows process against an unincorporated association, order, or common carrier to be served on any officer, trustee, director, staff member, or other agent of that entity, without requiring the plaintiff to identify the organization's top leadership by name.

Full Text of § 8.01-305

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Subject to § 8.01-286.1, process against an unincorporated (i) association, (ii) order, or (iii) common carrier, may be served on any officer, trustee, director, staff member or other agent.

Plain-English Summary

Unincorporated groups — associations, orders, and common carriers that never incorporated — do not have the officers and registered agents a corporation statute can point to by name, so Section 8.01-305 keeps the rule flexible. Process against any of these three types of entities may be served on any officer, trustee, director, staff member, or other agent of the organization.

The breadth of that list matters in practice: a plaintiff does not need to identify the top officer of an unincorporated association or lodge to get valid service. Any staff member or agent who can be located will do, subject to § 8.01-286.1. When the entity's principal office sits outside Virginia but it transacts business here, the companion provision in § 8.01-306 takes over instead.

Frequently Asked Questions

Can an unincorporated association be sued in Virginia?

Yes. Process may be served on any officer, trustee, director, staff member, or other agent of the association.

Does this section cover fraternal orders and similar organizations?

Yes. It covers unincorporated associations, unincorporated orders, and unincorporated common carriers.

Does the person served need to be an officer?

No. Any officer, trustee, director, staff member, or other agent of the entity may be served.

Is this section subject to any other statute?

Yes, it is expressly subject to § 8.01-286.1.

What if the entity's principal office is outside Virginia?

Then § 8.01-306 applies instead, since it specifically addresses unincorporated associations, orders, and carriers with a principal office outside Virginia that transact business here.

Amendment History

Code 1950, §§ 8-66, 8-67; 1962, c. 250; 1977, c. 617; 2005, c. 866.

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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