Process service · South · United States
Overview
Process Server in West Virginia: How Service of Process Works
In West Virginia, a summons can be served by the sheriff or by any person 18 or older who isn't a party, under Rule 4 of the West Virginia Rules of Civil Procedure. Papers can be delivered personally, or left at the defendant's dwelling or usual place of abode with a member of the defendant's family above age 16. The clerk can also serve by certified mail, return receipt requested and restricted delivery. Service must be made within 120 days of filing.
Who may serve
Who Can Serve Legal Papers in West Virginia
Under West Virginia Rule of Civil Procedure 4(c), service may be made by the sheriff or by any person 18 or older who is not a party. West Virginia doesn't license private process servers.
The clerk can serve by certified mail on the plaintiff's request.
Typical documents include summonses and complaints, magistrate court papers, eviction (wrongful occupation) papers, subpoenas and family court papers.
Proof you receive
The server signs a return or affidavit of service; for certified mail, the signed return receipt is filed.
Our services
Our West Virginia Process Serving Services
01
Process service statewide
Personal and family-member service in all 55 counties.
02
Certified mail follow-up
Personal service if clerk's certified mail comes back unclaimed.
03
Charleston, Huntington, Morgantown
Fast service in Kanawha, Cabell, Monongalia, Berkeley and every county.
The rules
West Virginia Service of Process Rules
The West Virginia rules that matter most for service:
| Rule | What it covers |
|---|---|
| W. Va. R. Civ. P. 4(c) | Who may serve: the sheriff or an adult non-party |
| W. Va. R. Civ. P. 4(d)(1) | Personal, family member and certified mail service |
| W. Va. R. Civ. P. 4(k) | Serve within 120 days of filing |
| W. Va. R. Civ. P. 12(a) | 20 days to answer |
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