West Virginia Service of Process Rules
West Virginia
State Serve Rules
Affidavit
Notary
Required
Refusal service
Yes, state defines as "refusal" on the affidavit
Mailing
Mail for corporate substitute service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Must serve individual + care/custody
Jail Care Custody Service
Yes, state requires service on the warden or person in charge
Jail Personal Service
Facility-specific policy
Service to a minor
Individual and parent/guardian
Proof Specialists
Mirrors Fed Rules
Yes
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
Yes, may serve person in charge or any employee
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Minimum age for substitute service
16
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Yes
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Not Permissible
Eviction Summons Rules
Additional Rules - Eviction Summons
Additional rules - TM
Mail by court clerk.
Mailing
Certified Mail
n/a
Mail always?
No
Mail if posted
n/a
Mail if subserve
No
Mail SLA
n/a
Posting Rules
Due Diligence Prior to Posting
n/a
Posting
Not Permissible
Eviction Posting Rules
Additional Rules
Additional rules - TM
1) Personal/Sub 2) 1st Class
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
No
Mail always?
Optional
Mail SLA
3
Proof Specialists
Server/Marshal Required?
Server
**Sunday.** No civil process shall be served on Sunday.
**By Whom Served.** Service of all process shall be made with due diligence by the sheriff or by any credible person who is not a party, except that an attorney for a party shall not serve original process.
**Personal Service, Individual.** By delivering a copy of the summons and complaint to him personally.
**Substituted.** By delivering a copy at his dwelling house or usual place of abode to a member of his family above the age of 16 years and giving to such person information of the purport of the summons and complaint; or by delivering a copy to an agent or attorney in fact authorized by appointment or statute to receive or accept service of process in his behalf; or (B) by the clerk sending a copy … by registered or certified mail , return receipt requested and delivery restricted to the addressee; or (C) by the clerk sending a copy [by first class mail with 2 copies of notice and acknowledgment]…
**Corporations.** By delivering or mailing in accordance with paragraph (1) above a copy … to an officer, director or trustee; or … any agent of the corporation.
**Return of Service.** The person serving the process… shall make proof of service… to the court promptly and in any event within the time during which the person served must respond to the process… If service is made by a person other than the sheriff or clerk, he shall make proof thereof by affidavit. Failure to make proof of service… within the time required does not affect the validity of the service of the process, notice, or order.
