Service of Process
About Legal Process Service
West Virginia Code and the West Virginia Supreme Court Rules of
Civil Procedure assign the duty of service of process on specific businesses,
persons and other entities to the Secretary of
State. All service made by the Secretary of State is made by
certified or registered mail. See the summary below for an
overview of the information and services available from our Legal
Process section.
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NOTICE TO USERS OF THIS
SECTION
This section provides concise information about serving legal process on a defendant, especially through the
Secretary of State. It is the responsibility of the plaintiff or plaintiff's attorney to
decide how to file, prepare the filing correctly, and file in a timely manner. Only the
courts can finally determine whether service is valid. The Secretary of State will not
accept filings which are clearly incomplete or improper, but acceptance of a filing for
service is no guarantee that the courts will find service valid. |
Who Can Be Served by the Secretary of State?
The West Virginia Secretary of State is appointed
by law to serve legal process by certified mail on certain defendants. These defendants
include a variety of business types, insurance companies, out-of-state individuals who can
be served under the long-arm statute, state government agencies, and some special
categories. Employers of individuals whose wages are being garnished through suggestee
execution are also served. See Service by the SOS
for more information on which defendants can be served.
How Are Other Defendants Served?
Many defendants cannot be served through the
Secretary of State. Individual residents of West Virginia, businesses which are sole
proprietorships or partnerships, county and municipal governments and local agencies, and
some other categories are served personally, often through the county sheriff. See
Other Types of Service for more information on
alternative service.
How Are Filings Made?
Correct filing is vital to prompt service of
process. For information about filing procedures, forms, fees and payment methods, our
mailing address, and other information, see Filing
Procedures.
What Law and Rules Apply?
To review the text of the West Virginia Code and
the West Virginia Rules of Civil Procedure that apply to service of process through the
Secretary of State, see WV Code & Rules.
How Can I Contact the SOS Process Section and Court Officials?
For a roster containing the names and addresses of clerks of
federal, state, circuit and magistrate clerks, and the
telephone numbers, fax numbers and e-mail addresses where available, see Contacts
& Courts.
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