Legal Question in Civil Litigation in Virginia

Do names matter?

The answer is -- sort of. A typo is not going to invalidate a suit. If the Court can determine who was meant, then the name itself will not be a bar. Often, when a defendant is unknown, a suit will be brought in the name of Jane or John Doe, and only after discovery will the actual parties be named.

However, of more importance is service. Unless there has been service on the defendant, corporation of individual, the suit cannot go forward. There are ways to serve a party by publication, but this is much more difficult, and generally frowned upon.

You should be careful, however. In almost every circumstance, the Virginia Corporation Commission requires that every company, other than a sole proprietorship, have a registered agent in Virginia who is authorized to accept service on behalf of the company. If you don't have that, the person trying to sue your company can serve notice on the Corporation Commission itself, and this can, in most instances, act as sufficient service to move forward in the suit. Not to mention, you can get in hot water for not have a registered agent. Not advisable.

Also, in Virginia, other than in small claims, a corporation may only be represented by an attorney (in small claims, attorneys are not permitted in VA).

So -- as to personal service for a suit naming you -- probably can be avoided by ducking service. As to your company -- probably cannot be avoided without defaulting. Best to get an attorney and head that one off at the pass. By the way, an attorney can represent your company, but not be authorized to accept service on your personal behalf. Hence, you could still remain anonymous. At least until you had to come to court for your company...

If you need further help with company, corporation, or personal service questions, feel free to give us a ring at 703-402-2723.