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 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, www.legis.state.wv.us/.


Service on a Business through the Secretary of State


Type of Business

Registered or
Authorized in WV

Registered Outside
WV or Not Authorized
in WV

Corporations

§31D-5-504
§56-3-13

§31D-5-504

Business Trusts

§47-9A-2
§47-9-4

§47-9A-2
§47-9-4

Limited Liability Companies

§31B-1-111

§31B-9-906

Limited Partnerships

§47-9-4

§47-9-4

Limited Liability Partnerships

§47-9-4

§47-9-4

Insurance Companies

§33-4-12

§33-4-13

Unincorporated Nonprofit Associations

§36-11-13

None

Voluntary Associations

§47-9A-3
§47-9-4

§47-9A-3
§47-9-4

Professional Fund-Raising Counsel,
Professional Solicitors, Charitable Organizations

None

§29-19-14

Athlete Agent

§30-38-3

§30-38-3

Non-resident Trustee of Security Trust

§38-1A-7

§38-1A-8

Service on Non-resident Employer
& Others Liable for Workers Compensation

None

§21A-5-17c

Sugguestee Execution (Wage
Garnishment on Employer)

§38-5A-5

§38-5A-5

Service on an Individual through the Secretary of State


Service on an Individual Out of State

WV Code

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

Other Service of Process Code & Rule Citations

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

WV Code
or Rule

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


Other Rules on Commencement of Action & Service

WV Code
or Rule

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