Pursuant to the provisions of Va. Code § 8.01-308 through Va. Code § 8.01-313, service of process may be made on the Commissioner of DMV as an agent for a nonresident motor vehicle operator under certain circumstances identified in the statutes. If you meet the statutory requirements, you may serve the Commissioner by the following procedure:
- Provide a copy of the documents you wish to be served (i.e. the summons, complaint, warrant in debt, interrogatories, etc.) to DMV at the following address:
Virginia DMV
Attn: Customer Records Work Center
2300 West Broad Street
Richmond, VA 23269
- You may send the documents to DMV by mail or have the documents personally served on DMV by the Sheriff for the City of Richmond or a private process server.
- Your documents must be accompanied by the required fee of $28 per defendant.
- Checks may be made payable to “DMV” or “Commissioner of DMV.”
Please be advised that DMV may not provide you with legal advice or guidance. If you have any questions regarding whether you may serve process through the Commissioner of DMV or what documents need to be served, you may wish to speak to an attorney.
For questions relating to the process for serving process through DMV as a statutory agent, please contact Customer Records/ Court Services at 804-367-6629.
Subpoenas
Subpoenas issued to DMV may be directed to either Commissioner, Virginia Department of Motor Vehicles, or Custodian of the Records, Virginia Department of Motor Vehicles.
Subpoenas should include identifying information for the subject of the records and the type of information that is needed (i.e. driver or vehicle transcript, title for vehicle, return receipt for notification of suspension, etc.)
You may submit a subpoena to DMV in person only. (DMV does not accept subpoenas by fax, mail, and email.) The subpoena must be served personally by a private processor or law enforcement agent to a representative of the Customer Records Work Center, located at 2300 West Broad Street, Richmond, VA 23220.
For subpoenas originating outside of Virginia, the individual or counsel from out of state must comply with the UIDDA and file the foreign subpoena with a Virginia court along with form CC-1439. VA DMV recommends that customers contact a local attorney or clerk's office for procedural information on out-of-state service.
All subpoenas received by VA DMV through a method other than personal service, such as fax, mail, or email, will be processed in accordance with the Freedom of Information Act (FOIA).
There is no fee charge to produce records in response to a properly served subpoena. If a subpoena is not served properly, and VA DMV produces records under FOIA, a FOIA fee may be charged.