WHAT DO PROCESS SERVERS IN WEST VIRGINIA DO?

This article will provide guidance on What Do Process Servers in West Virginia Do? If the defendant is not served with the summons and complaint within a hundred days of filing the complaint, the court may dismiss the action without prejudice to that defendant in West Virginia. This is why legal documents and subpoenas in West Virginia must be served by a skilled, experienced, and professional process server, as required by law.   The mission of a Civil Process Server is to deliver legal documents to the correct parties in a timely way without taking sides. Together with their deputies, supervisors, and office employees, the Civil Process Server processes and executes hundreds of separate civil files every year.

The civil process is made possible by a comprehensive case management system. Serving legal documents and carrying out civil writs must be managed efficiently and successfully. This department handles the service of process, which includes things like eviction notices, subpoenas, and writs of execution. Service of these and other forms of the civil process is crucial to the functioning of the legal system. The majority of civil defendants are effectively served with little expense thanks to Undisputed Legal’s efficient and reliable service.

Legal process servicing across the whole state of West Virginia is our exclusive focus at Undisputed Legal. We’re proud to serve clients across the country, not only in West Virginia, with always reliable, private, and high-quality services. Our process servers in West Virginia are well-versed in the state’s laws and know how to serve legal papers properly. 

BACKGROUND

A license is unnecessary for process servers in West Virginia when serving legal documents in West Virginia.  Anybody above eighteen who is not a party may serve legal documents. However, the service of documents is a stressful endeavor. Hiring a licensed process server like those at Undisputed Legal can be helpful to not only assuage any fears of misplaced or waylaid service but also assure you of the status of your papers at any time. 

The summons must be authenticated by the court clerk, have the court’s official seal affixed, properly identify the court and the parties, be addressed to the defendant, and include the name and address of the plaintiff’s attorney or if the plaintiff is unrepresented, the plaintiff. Additionally, the complaint must inform the defendant of the deadline by which he or she must appear and defend or face a default judgment being entered against them for the relief sought in the complaint. The court must approve any changes to a summons.  As soon as the complaint is filed, the clerk will issue a summons that must be served in accordance with the plaintiff’s instructions. Each defendant must be served with either the original summons or a copy of the summons if there are several defendants.

At Undisputed Legal, helping our clients is always our priority. When you choose us to serve legal papers, you can be confident that they will be delivered on time and handled by a trained professional. In addition, we provide a wide range of legal services across West Virginia, including process service, skip tracing, court filings, and more.

Our process servers in West Virginia have seen and done everything from divorce and eviction to repossession and minor claims. Undisputed Legal is your one-and-only-stop-shop when it comes to serving legal papers in West Virginia.  We use specialized methods to deliver legal papers wherever in the USA. Put your trust in the professionalism, dependability, and competence of our local West Virginia process servers. In accordance with local, state, and constitutional due process requirements, Undisputed Legal serves court papers such as subpoenas, summonses, complaints, petitions, citations, show-cause orders, motions, eviction notices, child support orders, and more. For your ease in identifying the person of interest, we have improved the quality of our service by including new capabilities in our skip tracing tools, such as GPS Tracking, Status Checking, Same Day Service, and more.

SERVING A SUMMONS IN WEST VIRGINIA

A copy of the complaint and a summons will be delivered simultaneously.  Anybody above 18 who is not a party may serve legal documents. Service upon an individual may be accomplished by personally delivering a copy of the summons and complaint to the individual or delivering a copy of the summons and complaint to a member of the individual’s family who is at least sixteen (16) years old at the individual’s dwelling place or usual place of abode. Alternatively, service can also be done through mail, requiring certified mail with a requested return receipt and the addressee’s signature. 

The party requesting service is responsible for providing copies of the complaint or order and paying for them in advance. Each complaint served via certified mail will incur a cost of ten dollars, which must be paid to the clerk by the plaintiff. The complainant must pay the clerk the sum of USD5.00 for each complaint to be served by first-class mail.  West Virginia process service, commonly known as ‘service of process,’ is the practice of delivering formal notice of a lawsuit to a defendant, a court, or an administrative body in order to establish personal jurisdiction over that party and allow that party time to prepare a defense. At Undisputed Legal, we ensure that we utilize appropriate process service methods to take care of any of your documents. 

West Virginia summons and complaints, divorce and family court papers, subpoenas, citations, small claims court cases, orders to show cause, petitions, discovery documents, evictions, landlord/tenant notices, motions, and other legal documents are all served by our network of professional process servers. We are a full-service process-serving agency in West Virginia. We help out everyone from federal and state governments to local governments, legal professionals, and the general people.

A common consequence of improper service is a default judgment against the defendant. An entry of default or judgment by default cannot be based on service unless the record includes either a return receipt indicating the acceptance by the defendant or a return envelope reflecting the rejection of the registered or certified mail by the defendant. A copy of the summons and complaint, together with a notice that the case will proceed and that judgment by default will be rendered against the defendant unless the defendant appears to defend the suit, must be sent to the defendant by first class mail, postage prepaid if service of the summons and complaint is refused. Notice and acceptance of receipt of summons and complaint) should be completed as set out in Form 14. The court may require the person served to pay the cost of personal service unless good cause is proven for the failure to complete and return the notice and acceptance of receipt of summons and complaint within twenty (20) days after mailing. 

Process servers IN WEST VIRGINIA

Constructive service of process is also obtained when the plaintiff can show that they have reasonably ascertained the whereabouts of a defendant upon whom service has been unsuccessfully attempted or when the plaintiff can show that they have reasonably ascertained the whereabouts of a nonresident defendant. In such a case, the summons must inform the defendant that they must appear and defend within thirty days of the date of mailing in order to avoid a judgment by default being entered against them at any time after that. However, a default judgment cannot be entered based on service under) unless the record includes either an acknowledgment of service or a return envelope indicating that the defendant refused the certified mail. Upon receipt of notice that the defendant has refused to accept service of the summons and complaint sent by certified mail, the clerk shall promptly send the defendant, by first class mail with postage prepaid, a copy of the summons and complaint and notice that the case will proceed despite the refusal and that judgment by default will be rendered against the defendant if the defendant does not appear to defend the suit.

We have three (3) tiers of service available in West Virginia. We use only local process servers in West Virginia to ensure that all our customers get the highest quality of service possible. You may choose between two processing times, either [A.] Routine Service wherein the server will make their first attempt within five to seven business days or [B.] Rush Service, wherein the server will make its first attempt within forty-eight hours. We also offer mail service, sending the documents out within twenty-four hours.

With the exception of the start timings, both Routine and Rush service in West Virginia include up to three (3) attempts to deliver the paperwork. We follow due diligence requirements and will attempt service in the morning, afternoon, and evening. 

We realize that entrusting your documents for service can be quite worrisome. Consequently, we make an effort to ensure that you know exactly where your papers are. We send GPS service affidavits and email updates sent specifically to you in real-time to assuage your concerns. Our clients are always informed about the status of their papers, even in the mail service, where we will email you a copy of the affidavit. New customers also get a free skip trace!

OUT-OF-STATE Process SERVICE IN WEST VIRGINIA

Any defendant outside this State may be served with a copy of the summons and complaint by personal service. Service will be deemed equivalent to personal service within West Virginia and the county of the defendant’s residence if the plaintiff files an affidavit with the court during the pendency of the action setting forth facts showing that the defendant is such a resident. Otherwise, service is deemed equivalent to constructive service. In any event, the summons must inform the defendant that he or she must make an appearance and provide a defense within thirty days of serving. Otherwise, a default judgment might be entered against him or her after that.

At any time before judgment, the plaintiff may have a copy of the summons and complaint served on a defendant. If service is made, the action will proceed as if it had been served within the state. 

Every summons, complaint, proof of service, proof of service return, order, notice, certificate of publication, and other material filed in connection with such process, orders, and notices must be deemed a part of the record of the action for all purposes. Only seasoned process servers in West Virginia who have met the most recent license, schooling, and bonding criteria required by the jurisdiction in which they serve the process are allowed to do so. We at Undisputed Legal, Inc. are experts in tracking and serving court documents on elusive defendants and witnesses. 

 PROOF OF process SERVICE IN WEST VIRGINIA

Proof of service or publication must be filed with the court as soon as possible and within the time limit set for the person served to reply to the process, notice, or order. If someone other than the sheriff or clerk does service, they must swear to an affidavit to prove it. Even if evidence of service or publication is not filed within the allotted time frame, the process, notice, or order will still be valid.

Unless it seems that considerable injury would arise to the substantial rights of the person against whom process, notice, or order issued or was entered, the court may at any time in its discretion and under such conditions as it considers would authorize any such amendment. Suppose the defendant is not served with the summons and complaint within a hundred and twenty days of filing the complaint. In that case, the court may dismiss the action without prejudice as to that defendant or may direct that service be effective within a specified time, provided, however, that if the plaintiff shows good cause for the failure, the court may extend the time for service for an appropriate period.

FOR ASSISTANCE SERVING LEGAL PAPERS IN WEST VIRGINIA

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all of your process service needs; no job is too small or too large!  For a complete list of our West Virginia Process Service Coverage Areas, Click Here!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A

Sources

1. Service on a defendant may be made by: delivering a copy of the summons and complaint to an agent or attorney-in-fact authorized by appointment or legislation to receive or accept service of process on the defendant’s behalf;

2. If the defendant can show that an unauthorized person signed the return receipt or denied delivery, the court will vacate the default or judgment by default.

3. Each publication order must include the name of the action, the object thereof, the name and address of the plaintiff’s attorney (if any), a statement that a copy of the complaint can be obtained from the clerk, and a demand that all defendants (both known and unknown) appear and defend within 30 days of the first publication of the order (or face a default judgment against them). A general circulation newspaper in the county where the action is pending must print the order of publication at least once per week for two consecutive weeks (or for such term as may be required by legislation, whichever period is longer). The publisher’s certificate of publication must be filed with the court as evidence of service through publication.

4. Unions that are not formally recognized by the law. Suppose the defendant is an unincorporated association being sued in its common name. In that case, service may be made on it by delivering a copy of the summons and complaint to an officer, director, or governor of the organization or by delivering or mailing a copy of the summons and complaint in accordance with paragraph (1) above to an agent or attorney authorized by appointment or by statute to receive or accept service in its behalf; or, if there is no such officer, director, governor, or agent or attorney in fact, then The publisher’s certificate of publication must be filed with the court as evidence of publication of the notice.