Form DC 410 – Affidavit for Service of Process on the Secretary of the Commonwealth

Jurisdiction: Country: United States | Province/State: Virginia

What is a Form DC 410 – Affidavit for Service of Process on the Secretary of the Commonwealth?

Form DC 410 is a sworn statement you file in a Virginia General District Court when you need the Secretary of the Commonwealth to accept service of your court papers for a defendant. You use it when Virginia law allows the Secretary to act as a statutory agent for service, usually because the defendant is a nonresident, has left Virginia, cannot be found within Virginia after due diligence, or the claim stems from the defendant’s contacts with Virginia. The affidavit gives the court the facts that justify this method and provides the last known address for mailing.

This form does not start your case. It supports service of the initial court papers in your case, such as a warrant in debt, unlawful detainer, or warrant in detinue, and later papers that require formal service. The court relies on your affidavit to confirm that service through the Secretary is legally permitted in your situation.

Who typically uses this form?

Plaintiffs in General District Court civil cases who cannot accomplish personal service in Virginia on an individual or business defendant. That often includes landlords, tenants, small-business owners, contractors, medical practices, property managers, consumer plaintiffs, debt buyers, subrogating insurers, and judgment creditors. Law firms and collection agencies also use it frequently.

You may need this form if:

• The defendant is an out-of-state individual or business with ties to your claim in Virginia.
• The defendant used to live in Virginia, left the state, and you cannot locate a current Virginia address.
• The defendant is avoiding service or cannot be found despite diligent efforts.
• Your claim arises from the defendant’s actions connected to Virginia, such as a contract signed or performed in Virginia, a sale or lease in Virginia, services provided in Virginia, or property located in Virginia.

Typical usage scenarios include:

• You sue an out-of-state contractor who agreed to perform work in Virginia and never finished.
• You file an unlawful detainer against a tenant who moved out and left no forwarding address, but you have a last known address out of state.
• You seek payment for goods delivered in Virginia from a nonresident buyer who now refuses to respond.
• You file a detinue action for equipment located in Virginia that a nonresident took and failed to return.
• You bring a consumer claim tied to a transaction that took place in Virginia and the seller is an out-of-state sole proprietor.

In these situations, Virginia law may let you serve the defendant by delivering process to the Secretary of the Commonwealth, who then mails it to the last known address you provide. Form DC 410 is the sworn statement that sets out the facts supporting that route.

When Would You Use a Form DC 410 – Affidavit for Service of Process on the Secretary of the Commonwealth?

You use Form DC 410 when standard in-person service in Virginia is not available or practical and the law allows substituted service through the Secretary. The core triggers are the defendant’s nonresidency, departure from Virginia, inability to be found after due diligence, or conduct that connects the defendant to Virginia for purposes of your claim.

Here are practical examples:

• You are a landlord filing an unlawful detainer. The tenant broke the lease, moved to another state, and will not disclose a new address. You confirm the last known out-of-state address through prior rent checks and a forwarding notice. Service through the Secretary can move the case forward when a sheriff cannot serve in Virginia.
• You own a small retail business. You sue an out-of-state supplier for a defective shipment delivered to your Virginia store. The supplier has no registered agent in Virginia. The transaction is connected to Virginia. You use Form DC 410 so the Secretary can accept service and mail the papers to the supplier’s last known address.
• You are a homeowner. You sue a nonresident home improvement contractor who took a deposit for work at your Virginia home and never started. The contractor did not maintain a Virginia office. Your claim arises from a Virginia contract and worksite. Service through the Secretary is available if you cannot make in-state service.
• You are a medical practice. You sue a former patient who moved out of state and stopped paying. The treatment occurred in Virginia. After attempts to serve the patient in Virginia fail, you use the Secretary route with the patient’s last known address.
• You are a subrogating insurer. The defendant left Virginia and has no current in-state address. The loss occurred in Virginia. The Secretary can act as the statutory agent for service.

Typical users:

• Landlords
• Tenants
• Business owners
• Property managers
• Healthcare providers
• Contractors
• Consumers

Attorneys and legal assistants often prepare the affidavit. Self-represented litigants also use it when they can set out the necessary facts and supply a reliable last known address.

Before you choose this method, think about two points. First, if there is a more specific statutory agent designated for your particular type of defendant, use that channel instead. Second, if the defendant has an appointed registered agent in Virginia, you should attempt service through that agent. Form DC 410 addresses service through the Secretary only, not service through other officials or agents.

Legal Characteristics of the Form DC 410 – Affidavit for Service of Process on the Secretary of the Commonwealth

Form DC 410 is a sworn affidavit. It is legally binding because you sign under oath and penalty of perjury. The court relies on it to determine whether service through the Secretary of the Commonwealth is authorized and proper. By signing, you certify the truth of your statements about the defendant’s status, your diligent efforts to locate the defendant, the connection between the claim and Virginia, and the last known address you provide.

What ensures enforceability? Three components work together:

• Statutory authorization. Virginia law designates the Secretary of the Commonwealth as a statutory agent for service in defined circumstances involving nonresidents, departed residents, and defendants whose actions tie them to Virginia for the claim. When those conditions exist, delivery of process to the Secretary, coupled with proper mailing and certification, constitutes valid service.
• The Secretary’s certificate. After receiving the process and required information, the Secretary mails the papers to the defendant at the address you provide and issues a certificate of compliance. The certificate is filed with the court and proves that the statutory steps were followed.
• Your affidavit. The affidavit supplies the factual basis that the conditions apply in your case. It documents the facts the clerk and judge need to accept this method. If your affidavit is incomplete or inaccurate, service can be quashed and your hearing delayed.

General legal considerations:

• Service must be authorized for your specific defendant and claim. Not every out-of-state defendant can be served through the Secretary. Your claim must “arise from” the defendant’s contacts with Virginia, such as a contract signed or performed here, goods or services delivered here, property located here, or a tort committed here.
• Due diligence matters. You should attempt normal service methods where available, and document your efforts. The affidavit should explain what you tried and why those attempts failed or were not possible. Judges look for concrete efforts, not vague assertions.
• The last known address must be reliable. The Secretary will mail to the address you provide. Use a current, credible address associated with the defendant. If you have more than one possible address, list them as allowed by the form or file more than one transmittal as needed.
• Service completion timing affects your court date. Service is considered complete when the Secretary’s certificate is filed in the court record. Build in enough time between filing and your return date, so the certificate can arrive and be docketed. If service is not complete in time, the court may continue your case.
• Accuracy is critical. Names must match exactly across the summons, complaint, and affidavit. For businesses, use the exact legal name. For individuals using a trade name, list the person and the trade name properly. Mistakes can render service invalid.
• False statements have consequences. Because you swear to the truth of the affidavit, intentional misstatements can lead to sanctions. Keep your statements factual and specific.

This form is a tool for lawful substituted service. When properly executed, it creates a record that supports jurisdiction and notice, allowing your case to proceed even when the defendant is outside Virginia or cannot be found here.

How to Fill Out a Form DC 410 – Affidavit for Service of Process on the Secretary of the Commonwealth

Approach the form in four phases: confirm eligibility, gather information, complete the affidavit, and coordinate filing and transmission. Follow these steps.

1) Confirm this is the right service path.

• Make sure your defendant fits a category for service through the Secretary. Typical categories include nonresidents and defendants who have left Virginia or cannot be found here after due diligence.
• Confirm your claim arises from the defendant’s actions connected to Virginia. Be prepared to state that link in plain language, such as “The contract was signed and performed in Virginia” or “The goods were delivered in Virginia.”
• If a different official is designated by law for your type of defendant, use that path instead. If the defendant has a registered agent in Virginia, consider serving that agent before using this method.

2) Gather the facts and documents you need.

• Case caption details: court name (city or county General District Court), case number if assigned, and the style of the case (Plaintiff v. Defendant).
• Defendant identification: full legal name, any trade or assumed name, and whether the defendant is an individual or a business.
• Last known address: a current, specific mailing address for the defendant. A P.O. Box is acceptable for certified mail, but a physical address is often better if you have one.
• Grounds for Secretary service: a short factual statement addressing nonresidency, departure, inability to be found, or other qualifying condition, along with the Virginia connection for the claim.
• Due diligence record: dates, places, and methods of attempted service or searches. Include sheriff’s returns, skip-trace results, online directory checks, postal forwarding information, or contact attempts with references.
• Process to be served: the original or certified copies of the summons or warrant and the complaint or claim form, plus any required attachments or exhibits.
• Payment method: the required fee per defendant for service through the Secretary. Bring a form of payment accepted by the clerk or the Secretary, as your court directs.
• Envelopes: some courts ask you to provide a stamped envelope addressed to each defendant for the Secretary’s mailing. Ask your clerk if that is required.

3) Complete the top of the affidavit.

• Enter the court name exactly as it appears on your summons or warrant.
• List the case number if one exists. If none has been assigned, leave it blank and the clerk will add it.
• Write the plaintiff’s name and the defendant’s name exactly as shown on your summons or warrant. For a business, use the correct legal name. For a sole proprietor, use the individual’s name followed by the trade name, if applicable.

4) Identify each defendant to be served through the Secretary.

• If the form provides space for multiple defendants, complete a section for each. If the form is limited, use a separate affidavit for each defendant.
• Include the defendant’s last known mailing address. If you have more than one plausible address, consult the clerk on listing multiple addresses or filing additional transmittals.

5) State the grounds authorizing Secretary service.

• Use the form’s checkboxes or space to indicate why the Secretary is the statutory agent for this defendant. Common reasons include the defendant is a nonresident, has left Virginia, or cannot be found here after due diligence.
• Include a short, factual explanation. Examples:
• “Defendant is a resident of North Carolina. The contract was signed and performed in Virginia.”
• “Defendant left Virginia and cannot be found here after diligent search. Claim arises from lease of property in Virginia.”
• “Defendant transacted business in Virginia, causing the obligation sued on.”
• Avoid legal conclusions. Stick to facts the judge can accept at face value.

6) Describe your due diligence.

• Summarize efforts to serve or locate the defendant in Virginia. Examples:
• “Sheriff attempted personal service at last Virginia address on two dates. Returned ‘moved, no forwarding.’”
• “Searched voter records and local directories. No listing found.”
• “Contacted employer listed on application. Employment ended, no new address provided.”
• Keep it specific and brief. Dates help. Attach any sheriff’s returns if available.

7) Provide the last known address for mailing.

• Enter the best current mailing address for the defendant. If you have a physical address and a P.O. Box, use the physical address first unless you know certified mail will be accepted only at the box.
• If the defendant is a business, list the principal office address you can confirm. Use care with suite numbers and ZIP codes.

8) Attach or identify the process to be served.

• List the documents to be served, such as “Warrant in Debt and attachments” or “Summons for Unlawful Detainer with notice.” Make sure the defendant’s name on those documents matches your affidavit.
• Provide the correct number of copies per defendant as required by the clerk or the Secretary’s office. Ask the clerk if unsure.

9) Sign the affidavit under oath.

• Do not sign until you are in front of a notary public or a clerk authorized to administer oaths.
• Sign your name, print your name, and add your address, phone, and email if requested.
• Enter the date of signing. The notary or clerk will complete the jurat section.

10) Pay the fee and coordinate transmittal.

• Ask your clerk whether the court will forward the papers and fee to the Secretary or you must send them yourself.
• If the court transmits, pay the fee to the clerk and provide any required addressed envelopes.
• If you must transmit, prepare a package to the Secretary with:
• The completed affidavit.
• The process documents for each defendant.
• The required fee for each defendant.
• Any addressed envelopes as required.
• Keep copies of everything you send.

11) Calendar your deadlines and court date.

• Service is considered complete when the Secretary’s certificate of compliance is filed with the court. Build in time for mailing and processing.
• If your return date is close, ask the clerk about continuing the case to allow service to complete. Many courts will continue on request if service is pending.

12) Monitor the certificate of compliance.

• Check your case file with the clerk a week or two after transmittal. Confirm that the certificate has been filed.
• If the mailing returns as undeliverable or the certificate is delayed, consider filing a supplemental affidavit with a new address or asking the court for guidance.

13) Address complications promptly.

• If you discover a better address after filing, file a new affidavit and request transmittal to that address.
• If the defendant’s name was incorrect, correct your pleadings and re-serve.
• If the court questions jurisdiction or service, be ready to explain the Virginia connection and your due diligence with short, specific facts.

Practical tips

• Match names exactly. Small differences can cause big delays.
• Keep sentences in your affidavit factual and simple. Avoid legal jargon.
• Attach sheriff’s returns or other proof of your efforts, if you have them.
• For multiple defendants, prepare separate affidavits to keep records clean.
• Consider setting return dates far enough out to accommodate the Secretary’s processing time.

Sample language for key sections

• Grounds: “Defendant is not a resident of Virginia and transacted business in Virginia relating to this claim.”
• Due diligence: “Sheriff attempted service at 123 Main St., Richmond, on May 2 and May 5; occupant stated defendant moved out of state. Postal search shows forwarding to 456 Oak Ave., Raleigh, NC.”
• Address: “Last known address for defendant is 456 Oak Ave., Raleigh, NC 27601.”

What happens after you file? The Secretary mails the process by certified or registered mail to the address you listed. The Secretary then files a certificate with the court showing the mailing details. Once the certificate is docketed, service is complete. You then proceed to your return date or hearing. Bring a copy of the certificate if you have it, and be prepared to address any service challenges.

Common pitfalls to avoid

• Using this form when another statutory agent is designated for your defendant type.
• Failing to include a clear Virginia connection for the claim.
• Providing a stale or unreliable address without supporting facts.
• Neglecting to sign under oath before a notary or clerk.
• Setting a return date that does not allow time for completion of service.

If you follow the steps above, your affidavit will supply the court with the facts needed to authorize service through the Secretary of the Commonwealth. That keeps your case moving when personal service in Virginia is not possible.

Legal Terms You Might Encounter

• Affidavit. An affidavit is your sworn statement. You confirm facts under oath. On this form, you swear that you mailed, attempted service, or otherwise met the legal steps for service. You also confirm the defendant’s last known address.
• Service of process. Service of process means delivering legal papers to the defendant. It gives notice of the case. This form documents an alternate way to serve the defendant. You ask the Secretary of the Commonwealth to accept service for the defendant.
• Secretary of the Commonwealth. This is the state officer who can accept service in certain cases. You use this form to request that the Secretary receive the papers on the defendant’s behalf. The Secretary then mails the papers to the address you provide.
• Process. “Process” means the documents you serve. Common examples include a summons, complaint, warrant, or subpoena. On this form, you list the specific papers you ask the Secretary to serve.
• Nonresident. A nonresident is someone who does not live in the state. You may use this form when the defendant is a nonresident or cannot be found in the state after due diligence. You then serve the Secretary instead.
• Registered agent. A registered agent accepts service for a business. If a business does not have a registered agent available, you may use this form. You will show the attempts you made to serve the business or its agent.
• Last known address. This is the address you know for the defendant right now. The Secretary will mail the papers to this address. On the form, you must list a complete, accurate last known address.
• Due diligence. Due diligence means reasonable efforts to serve the defendant directly. On this form, you explain how you tried. This can include attempts at personal service, certified mail, or contacting the registered agent.
• Return of service or certificate. After the Secretary processes your papers, a certificate comes back. It shows that the Secretary accepted the papers and mailed them. You file this document with the court as proof of service.
• Mailing receipt. If you mailed anything, keep the receipt. It shows you sent the papers and when. On this form, you may attach proof of mailing and note the mail type you used.

FAQs

Do you need to use this form for every case?

No. You use it only when you cannot serve the defendant in the usual ways. Common triggers include a nonresident defendant, an unknown or evasive defendant, or a business without an available agent. If standard personal or certified mail service is possible, use that first.

Do you have to try other service methods before using this form?

Yes. You should make reasonable efforts to serve the defendant directly. Document those efforts. List your attempts clearly on the form. Courts expect real, specific steps, not general statements.

Do you send the papers to the Secretary or to the court?

You file the signed affidavit with the clerk. You also deliver the required copies and fee so the Secretary can act. Check with the clerk on the exact filing and transmission process. Some clerks forward the packet. Others require you to assemble it for direct transmission.

Do you need the defendant’s exact address?

You need the best last known address you have. The Secretary mails the papers to that address. If you lack a precise street address, take steps to find one. Review your records, contracts, or public filings. Update the form if you locate a better address before filing.

Do you serve individuals and businesses the same way with this form?

The process is similar, but details differ. For individuals, confirm residency status and your attempts at service. For businesses, confirm the business name, type, and registered agent status. If no agent is available, explain what you tried. Use the correct business name as registered.

Do you need a notary for this affidavit?

You must swear to the facts. Follow the form’s signature and notarization block. Sign in front of a notary or officer authorized to administer oaths. Bring identification. Do not sign ahead of time.

Do you have to attach anything to this affidavit?

You typically attach a copy of each paper you want served. Include mailing proof if you have it. Include any returned mail you received. If you served by mail earlier, attach the green card or tracking printout as applicable.

Do you have to track what happens after filing this form?

Yes. Note when the Secretary accepts and mails the papers. Watch for the certificate that confirms mailing. File the certificate with the court if it does not arrive there directly. Calendar the defendant’s response deadline based on completed service.

Checklist: Before, During, and After the Form DC 410 – Affidavit for Service of Process on the Secretary of the Commonwealth

Before signing

• Confirm that alternate service is appropriate for your case.
• Gather the defendant’s full legal name and last known address.
• For a business, confirm the exact legal name and entity type.
• Check registered agent information and note your attempts to reach them.
• Compile proof of prior service attempts and due diligence.
• Collect copies of all papers to be served (summons, complaint, etc.).
• Print or save mailing receipts and tracking results from earlier efforts.
• Verify the court case number, division, and parties as shown on your filings.
• Confirm the required number of copies for each document.
• Confirm the fee and acceptable payment method with the clerk.
• Schedule a notary appointment or plan for notarization at the clerk’s office.

During signing

• Complete each field with accurate, legible information.
• Use the full names for the plaintiff and defendant as on the case.
• List each document you seek to serve, by title and date.
• State the last known address clearly, including unit or suite numbers.
• Summarize your service attempts and due diligence with dates and results.
• Confirm the court information and case number match your filings.
• Review the notary block for correct county/city and date.
• Sign only in front of the notary or authorized officer.
• Initial any corrections in the presence of the notary.
• Attach all required copies and supporting proof before you file.

After signing

• File the affidavit with the clerk and pay any required fees.
• Ensure the packet for the Secretary includes the affidavit and process copies.
• Confirm how the packet is transmitted and by whom.
• Request a receipt-stamped copy for your records.
• Track processing and watch for the Secretary’s certificate.
• File the certificate in the case if needed.
• Update your service log with dates and tracking numbers.
• Calendar the anticipated service completion and response deadline.
• Follow up with the clerk if you do not see the certificate promptly.
• Store all originals and receipts in a secure, organized file.

Common Mistakes to Avoid Form DC 410 – Affidavit for Service of Process on the Secretary of the Commonwealth

• Leaving out the last known address. The Secretary mails to the address you provide. If you omit it or use an old address, service may fail. Don’t forget to verify and update it before filing.
• Vague due diligence statements. Courts expect specific, dated steps. If you write “tried to serve, no answer,” your affidavit may be rejected. Don’t forget to list dates, locations, and outcomes.
• Incorrect party names. Using nicknames or trade names can derail service. The court needs the exact legal names. Don’t forget to match the summons and complaint.
• Missing attachments. If you fail to include all documents for service, the Secretary cannot act. Don’t forget to attach complete, legible copies for each party.
• Signing outside a notary’s presence. If you sign early and the notary only stamps later, your affidavit can be invalid. Don’t forget to sign in front of the notary with ID ready.

What to Do After Filling Out the Form Form DC 410 – Affidavit for Service of Process on the Secretary of the Commonwealth

1. File the affidavit and assemble the service packet. Bring the signed, notarized affidavit. Include copies of every document to be served. Include any required cover sheets. Have the fee ready.
2. Confirm submission steps with the clerk. Ask whether the clerk forwards the packet to the Secretary or if you must. If you must, follow any formatting and delivery instructions. Keep a copy of everything you send.
3. Track processing and mailing. Record the date the Secretary receives the packet. Record when the Secretary mails the papers to the defendant. Keep any tracking data you receive.
4. Obtain and file the certificate. The Secretary issues a certificate after mailing. This shows acceptance and mailing to the last known address. File this certificate in your case if the court does not receive it directly.
5. Monitor returned mail and notices. If mail returns undelivered, keep the envelope and labels. File them if needed. Consider whether you must attempt another method. Confirm next steps with the clerk.
6. Calendar post-service deadlines. Note the date service is complete. Mark the defendant’s response deadline. Plan your next filings, such as default paperwork if appropriate. Do not assume deadlines without checking the rules.
7. Correct errors promptly. If you learn the address was wrong, prepare a revised affidavit. Update the address and attach proof of the new address. Refile and resend as needed.
8. Keep your file audit-ready. Store the affidavit, certificate, receipts, and mail records together. Use clear labels and dates. This saves time if the court requests proof.
9. Communicate with the court if needed. If processing stalls, contact the clerk with your case number. Ask about the status of the certificate. Provide mailing or tracking details if you have them.
10. Plan for future service needs. If you add parties or amend your complaint, update service plans. Use the same careful approach with names, addresses, and attachments.