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If service is not waived (or a waiver is not requested) then personal service of process may be effected by any private person who is an adult, and who is neither a party to the action nor interested in the subject matter, provided such person swears out an affidavit testifying to the time and manner of service. Usually, process is served by ...
In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
In Virginia, default is filed automatically if the defendant fails to respond in any way within 21 days of service of process being effected. A defendant that defaults thereby waives further notice of proceedings (unless the defendant has an attorney of record), and waives the right to a jury trial in any further proceedings.
Virginia civil procedure is the body of law that sets out the rules and standards that Virginia courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). Professor W. Hamilton Bryson is the preeminent master and legal scholar on Virginia Civil Procedure.
The timing for the filing of a motion objecting to venue depends on the level of court in which the case has been brought. An objection to venue in the Virginia Circuit Court must be filed (actually physically received in the clerk's office) within 21 days of service of process, absent a general extension of time from the court to file a responsive pleading.
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Service of process must be effected on both the garnishee and the judgment debtor, and the notice to the judgment debtor must promptly follow notice on the garnishee. The notice will instruct the garnishee not to release funds due to the debtor, and it will set a date for the garnishee to appear in court and contest the garnishment, if it so ...
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