Terms Used In Vermont Statutes Title 12 Sec. 892

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.

§ 892. Service on Commissioner; mailing copies; fees

(a) Service of process shall be made by leaving a copy of the process with a fee of $15.00 with the Commissioner, or in his or her office. Service shall be sufficient upon the person, provided that a copy of the process with the officer’s return on it, showing service upon the Commissioner as provided in this section, is sent by the plaintiff to the defendant, or the personal representative of his or her estate, by registered or certified mail, and provided further that the plaintiff’s affidavit of compliance is filed with the process in court. The Commissioner shall file copies served upon him or her as provided in this section, and show upon each copy the day and hour of service.

(b) Such manner of service shall be in addition to all existing manner of service, rights, and remedies, and the availability of such manner of service shall not make the provisions of section 552 of this title inoperative, relative to tolling of the statute of limitations. (Amended 1961, No. 134; 1969, No. 88, § 2, eff. April 18, 1969; 1989, No. 51, § 6; 2001, No. 102 (Adj. Sess.), § 2, eff. May 15, 2002; 2003, No. 101 (Adj. Sess.), § 7.)