West Virginia State Process Server

$179 Routine - $229 Rush

In West Virginia, the process of serving legal documents (known as "process serving") follows specific rules under both state law and the West Virginia Rules of Civil Procedure. Here is an overview of the key rules for process serving:

1. Who Can Serve Process

  • Sheriffs and Deputies: The sheriff of the county or a deputy can serve legal documents.
  • Private Process Servers: A private process server may serve process, but they must be authorized by the court or designated by a party to the action.
  • Parties to the Action: In some cases, a party involved in the legal case can serve process themselves, but they cannot serve the process if they are a party to the case.
  • Adults Who Are Not Involved in the Case: Generally, an adult who is not a party to the case and is competent can serve process.

2. Methods of Service

West Virginia permits several methods for serving legal documents, including:

  • Personal Service: The process server delivers the documents directly to the individual named in the documents (the defendant or respondent). This is the preferred method of service.
  • Substituted Service: If personal service is not possible after diligent effort, process may be served by leaving the documents with someone of suitable age (at least 16 years old) and discretion at the person's home or place of business. The server must also mail a copy of the documents to the person.
  • Service by Mail: This is an alternative in certain cases, such as when a party consents to it or in specific types of cases where mail service is allowed. The documents must be sent by certified mail with return receipt requested.
  • Service by Publication: If the defendant cannot be found despite reasonable efforts, service may be made by publishing a notice in a local newspaper. This is typically used in cases like divorce or other civil matters where the location of the defendant is unknown.

3. Timeliness of Service

  • Deadline for Service: In West Virginia, the plaintiff is required to have process served within 120 days of filing the complaint. If service is not completed within this time frame, the court may dismiss the case without prejudice.
  • Extension of Time: If the party attempting service demonstrates good cause for failure to serve within the time period, the court may extend the time for service.

4. Proof of Service

  • After serving the process, the process server must provide proof of service. This is typically done through an affidavit of service, which details the date, time, and manner in which the service occurred. This affidavit must be filed with the court.
  • If service is by publication, a proof of publication (from the newspaper) must be submitted to the court.

5. Special Rules for Certain Cases

  • Eviction Cases: If service is for an eviction, the landlord must follow the specific rules regarding service, which may include posting notices on the property if the tenant cannot be reached.
  • Domestic Relations Cases: In divorce, custody, or other family law cases, service may be allowed through publication if the spouse is difficult to locate.

6. Service on Businesses

  • Service on a corporation, LLC, or other business entity is typically made by serving an officer, director, or registered agent of the company. If no agent is available, service may be directed to the Secretary of State.

7. Service on Out-of-State Defendants

  • West Virginia allows service on out-of-state defendants, provided the court has jurisdiction over them. The service can be done via mail or other approved methods depending on the circumstances of the case.