Charlotte, NC asked in Divorce for Virginia

Q: In VA. Divorce- Complaint ent to def. by sheriff and was posted. Def. gave no response after 21 days...what do I do now?

Judge says i did not properly serve the complaint on the defendant.

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1 Lawyer Answer
Wayne E. Holcomb
Wayne E. Holcomb
  • Newport News, VA
  • Licensed in Virginia

A: If you have verification that the Complaint was served by the Sheriff, it is possible that the certificate of service from the Sheriff did not make it to the Judge's file? Or was there question about the address? There is also a general requirement to follow posted service with a mailing. Without more information, it is difficult to understand why the service wasn't accepted. That aside, you are allowed have the Complaint served again--this time perhaps by a private process server and served to the defendant personally. Our best to you.

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