8.01-293 - Authorization to serve process, capias or show cause order; execute writ of possession and levy upon property.
§ 8.01-293. Authorization to serve process, capias or show cause order;execute writ of possession and levy upon property.
A. The following persons are authorized to serve process:
1. The sheriff within such territorial bounds as described in § 8.01-295; or
2. Any person of age 18 years or older and who is not a party or otherwiseinterested in the subject matter in controversy. However, in any case inwhich custody or visitation of a minor child or children is at issue and asummons is issued for the attendance and testimony of a teacher or otherschool personnel who is not a party to the proceeding, if such summons isserved on school property, it shall be served only by a sheriff or his deputy.
Whenever in this Code the term "officer" or "sheriff" is used to refer topersons authorized to make, return or do any other act relating to service ofprocess, such term shall be deemed to refer to any person authorized by thissection to serve process.
B. Notwithstanding any other provision of law (i) only a sheriff or highconstable may execute an order or writ of possession for personal, real ormixed property, including an order or writ of possession arising out of anaction in unlawful entry and detainer or ejectment; (ii) any sheriff, highconstable or law-enforcement officer as defined in § 9.1-101 of the Code ofVirginia may serve any capias or show cause order; and (iii) only a sheriff,the high constable for the City of Norfolk or Virginia Beach or a treasurermay levy upon property.
(Code 1950, §§ 8-52, 8-54; 1954, c. 543; 1960, c. 16; 1968, c. 484; 1977, c.617; 1981, c. 110; 1986, c. 275; 1996, cc. 501, 608; 1997, c. 820; 2002, c.342; 2004, cc. 210, 588.)