WV Code and Rules

West Virginia Code Citations for Service of Process

Code citations may be accessed from the tables below, or from the sequential section titles at the beginning of the West Virginia Code text. Rule citations may be accessed from the tables below, or from the sequential section titles at the beginning of the Rules of Civil Procedure text.

Choose the type of business or individual to be served, then click on the citation to view the text of the applicable code or rule. The W. Va. Code sections accessible here are only selected sections relating to service of process, especially through the Secretary of State. Access to the full text of the West Virginia Code is available at the homepage of the West Virginia Legislature.

Service through the Secretary of State

Service on a Domestic Business

Answer

Type of Business	Code Citation	Type of Business	Code Citation
Corporations	§31D-5-504 & §56-3-13	Business Trusts	§47-9A-2 & §47-9-4
Limited Liability Companies	§31B-1-111	Limited Partnerships	§47-9-4
Limited Liability Partnerships	§47-9-4	Insurance Companies	§33-4-12
Unincorporated Nonprofit Associations	§36-11-13	Voluntary Associations	§47-9A-3 & §47-9-4
Professional Fund-Raising Counsel, Professional Solicitors, Charitable Organizations	None	Athlete Agent	§30-38-3
Non-resident Trustee of Security Trust	§38-1A-7	Service on Non-resident Employer & Others Liable for Workers Compensation	None
Sugguestee Execution (Wage Garnishment on Employer)	§38-5A-5

Contact the Service of Process Division for further assistance regarding service of process through Secretary of State.

Service on a Foreign Business

Answer

Type of Business	Code Citation	Type of Business	Code Citation
Corporations	§31D-5-504	Business Trusts	§47-9A-2 & §47-9-4
Limited Liability Companies	§31B-9-906	Limited Partnerships	§47-9-4
Limited Liability Partnerships	§47-9-4	Insurance Companies	§33-4-13
Unincorporated Nonprofit Associations	None	Voluntary Associations	§47-9A-3 & §47-9-4
Professional Fund-Raising Counsel, Professional Solicitors, Charitable Organizations	§29-19-14	Athlete Agent	§30-38-3
Non-resident Trustee of Security Trust	§38-1A-8	Service on Non-resident Employer & Others Liable for Workers Compensation	None
Sugguestee Execution (Wage Garnishment on Employer)	§38-5A-5

Contact the Service of Process Division for further assistance regarding service of process through Secretary of State.

Service on an Individual

Answer

Service on an Individual Out of State	Code Citation
Service Under the Long-Arm Statute	§56-3-33(a)
Service on Nonresident Motor Vehicle Operator Involved in an Accident in State or his/her insurer	§56-3-31
Service on Nonresident under WV Consumer Credit and Protection Act	§46A-2-137
Service on Nonresident Employer & Others Liable for Workers Compensation	§21A-5-17c
Suggestee Execution (Wage Garnishment on Employer)	§38-5A-5

Contact the Service of Process Division for further assistance regarding service of process through Secretary of State.

Service on Person or Entity NOT Served through the Secretary of State

Answer

Service on Person or Entity NOT Served through the Secretary of State	Code Citation
Individual resident of WV	R.C.P. Rule 4
Sole proprietors, partners, voluntary associations	R.C.P. Rule 4
State officer, agency, board, commission or public corporation	R.C.P. Rule 4
County officer, agency, board, commission or public corporation	R.C.P. Rule 4
Municipal officer, agency, board, commission or public corporation	R.C.P. Rule 4

Contact the Service of Process Division for further assistance regarding service of process through Secretary of State.

Other Rules on Commencement of Action & Service

Answer

Other Rules on Commencement of Action & Service	Code Citation
Commencement of Action	R.C.P. Rule 3
Service of Other Process	R.C.P. Rule 4.1
Service and Filings of Pleadings and Other Papers	R.C.P. Rule 5
Time	R.C.P. Rule 6
Fee for Service of Process by Secretary of State	§59-1-2
Fee of the Circuit Clerk	§59-1-11

Contact the Service of Process Division for further assistance regarding service of process through Secretary of State.

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