17.1-268 - Fee for effort to serve when person cannot be found. - Virginia Statutes

§ 17.1-268. Fee for effort to serve when person cannot be found.

Whenever a sheriff is required to serve a declaration in ejectment or anorder, notice, summons or other process in a pending civil case and makereturn thereon and shall after due effort and without fault be unable tolocate such person or make service of such process in some method provided bylaw, the sheriff shall be paid the same fee provided by law for serving anorder, notice or other process and making return thereof, to be taxed asother costs. When service is required in a proceeding not pending in a courtthen the service shall be paid for by the party at whose instance it is had.No fee shall be paid unless the sheriff returns such paper unexecuted andmakes and files therewith an affidavit setting forth the fact that he hasmade diligent effort to execute such paper and without avail.

(Code 1950, § 14-107; 1964, c. 386, § 14.1-96; 1971, Ex. Sess., c. 155; 1998,c. 872.)