Which statute sets forth penalties for failing to make a return of service?

Which statute sets forth penalties for failing to make a return of service?

• A. §8.01-294
• B. §16.1-101
• C. §8.01-100
• D. §7.2-405

Answer: (B)

Failing to make a return of service is addressed to ensure proof that service actually occurred and is on file with the court. The statute that sets penalties for this specific failure holds process servers accountable for completing and reporting their duties, so the court can rely on an accurate service record. In this context, §16.1-101 is the statute that outlines those penalties for neglecting to perform or report service, making it the best fit. Other statutes cover different procedural topics or definitions and do not impose penalties specifically for not returning service, so they don’t fit as well.

Failing to make a return of service is addressed to ensure proof that service actually occurred and is on file with the court. The statute that sets penalties for this specific failure holds process servers accountable for completing and reporting their duties, so the court can rely on an accurate service record. In this context, §16.1-101 is the statute that outlines those penalties for neglecting to perform or report service, making it the best fit. Other statutes cover different procedural topics or definitions and do not impose penalties specifically for not returning service, so they don’t fit as well.