8.01-313 - Specific addresses for mailing by statutory agent.
§ 8.01-313. Specific addresses for mailing by statutory agent.
A. For the statutory agent appointed pursuant to §§ 8.01-308 and 8.01-309,the address for the mailing of the process as required by § 8.01-312 shall bethe last known address of the nonresident or, where appropriate undersubdivision 1 or 2 of § 8.01-310 B, of the executor, administrator, or otherpersonal representative of the nonresident. However, upon the filing of anaffidavit by the plaintiff that he does not know and is unable with duediligence to ascertain any post-office address of such nonresident, serviceof process on the statutory agent shall be sufficient without the mailingotherwise required by this section. Provided further that:
1. In the case of a nonresident defendant licensed by the Commonwealth tooperate a motor vehicle, the last address reported by such defendant to theDepartment of Motor Vehicles as his address on an application for or renewalof a driver's license shall be deemed to be the address of the defendant forthe purpose of the mailing required by this section if no other address isknown, and, in any case in which the affidavit provided for in § 8.01-316 ofthis chapter is filed, such a defendant, by so notifying the Department ofsuch an address, and by failing to notify the Department of any changetherein, shall be deemed to have appointed the Commissioner of the Departmentof Motor Vehicles his statutory agent for service of process in an actionarising out of operation of a motor vehicle by him in the Commonwealth, andto have accepted as valid service such mailing to such address; or
2. In the case of a nonresident defendant not licensed by the Commonwealth tooperate a motor vehicle, the address shown on the copy of the report ofaccident required by § 46.2-372 filed by or for him with the Department, andon file at the office of the Department, or the address reported by such adefendant to any state or local police officer, or sheriff investigating theaccident sued on, if no other address is known, shall be conclusivelypresumed to be a valid address of such defendant for the purpose of themailing provided for in this section, and his so reporting of an incorrectaddress, or his moving from the address so reported without making provisionfor forwarding to him of mail directed thereto, shall be deemed to be awaiver of notice and a consent to and acceptance of service of process servedupon the Commissioner of the Department of Motor Vehicles as provided in thissection.
B. For the statutory agent appointed pursuant to § 26-59, the address for themailing of process as required by § 8.01-312 shall be the address of thefiduciary's statutory agent as contained in the written consent most recentlyfiled with the clerk of the circuit court wherein the qualification of suchfiduciary was had or, in the event of the death, removal, resignation orabsence from the Commonwealth of such statutory agent, or in the event thatsuch statutory agent cannot with due diligence be found at such address, theaddress of the clerk of such circuit court.
(Code 1950, § 8-67.2; 1954, c. 333; 1970, c. 680; 1972, c. 408; 1976, c. 26;1977, c. 617; 1983, c. 467; 1984, c. 780; 1991, c. 672.)