If a party against whom service by publication is had under this chapter did not appear before the date of judgment against him, then such party or his representative may petition to have the case reheard, may plead or answer, and may have any injustice in the proceeding corrected within the following time and not after:
1. Within two years after the rendition of such judgment, decree or order; but
2. If the party has been served with a copy of such judgment, decree, or order more than a year before the end of such two-year period, then within one year of such service.
For the purpose of subdivision 2 of this section, service may be made in any manner provided in this chapter except by order of publication, but including personal or substituted service on the party to be served, and personal service out of the Commonwealth by any person of eighteen years or older and who is not a party or otherwise interested in the subject matter in controversy.
Code 1950, § 8-78; 1977, c. 617.
Structure Code of Virginia
Title 8.01 - Civil Remedies and Procedure
§ 8.01-286.1. Service of process; waiver, duty to save costs, request to waive, how served
§ 8.01-287. How process to be served
§ 8.01-288. Process received in time good though neither served nor accepted
§ 8.01-289. No service of process on Sunday; exceptions
§ 8.01-290. Plaintiffs required to furnish full name and last known address of defendants, etc.
§ 8.01-292. To whom process directed and where executed
§ 8.01-296. Manner of serving process upon natural persons
§ 8.01-297. Process on convict defendant
§ 8.01-298. How summons for witness or juror served
§ 8.01-299. How process served on domestic corporations and limited liability companies generally
§ 8.01-301. How process served on foreign corporations generally
§ 8.01-303. On whom process served when corporation operated by trustee or receiver
§ 8.01-304. How process served on copartner or partnership
§ 8.01-305. Process against unincorporated associations or orders, or unincorporated common carriers
§ 8.01-310. How service made on Commissioner and Secretary; appointment binding
§ 8.01-311. Continuance of action where service made on Commissioner or Secretary
§ 8.01-312. Effect of service on statutory agent; duties of such agent
§ 8.01-313. Specific addresses for mailing by statutory agent
§ 8.01-314. Service on attorney after entry of general appearance by such attorney
§ 8.01-315. Notice to be mailed defendant when service accepted by another
§ 8.01-316. Service by publication; when available
§ 8.01-319. Publication of interim notice
§ 8.01-320. Personal service outside of Virginia
§ 8.01-323. In what counties city newspapers deemed published for purpose of legal advertisements
§ 8.01-324. Newspapers that may be used for legal notices and publications
§ 8.01-325. Return by person serving process
§ 8.01-326. Return as proof of service
§ 8.01-327. Acceptance of service of process
§ 8.01-327.1. Definition of "arrest under civil process."
§ 8.01-327.2. Who are privileged from arrest under civil process