Service of Process
Filing Procedures
Preparing the Filing | Request for Service Form |
Number of Copies
Filing Fee | Certified Copies of Filings
| Mailing &
Delivery
Naming the Defendant:
If the defendant is an authorized corporation, limited liability
company, limited liability partnership or limited partnership, you must obtain:
- the exact
name of the company; and
- the name and address of its agent of process.
If the name is not entered exactly as it is filed with the Secretary of
State, the filing will be returned.
To obtain the exact company name and agent name and
address:
1. Search the Business
Organizations Data System
or
2. Call (304) 558-6000
and ask for Process Division
or
3. Use our Agent Request Form
for a response by e-mail.
If the defendant is a company based in another state
and not registered with the West Virginia Secretary of State, you must provide an address where the
notice can be expected to reach the defendant, or the last known address. The Secretary of
State will not accept a filing which does not contain a reasonably complete address.
| Include a "Request for
Service" Form |
This form allows the Secretary of State's staff to determine the
basis for the filing in order to determine whether the Secretary is authorized to serve
the defendant. Go to Request for Service for information about the Request
for Service Form which should be attached to each filing, especially those
which are not authorized corporations. To review the statutes listed on the form, see
WV Code & Rules.
For each defendant to be served, file one
original summons and two copies of the summons
and complaint and other papers to be filed. One copy will be mailed to the defendant, the
original will be mailed to the circuit clerk of the county (or magistrate clerk, if
applicable), and one copy will remain on file with the Secretary of State's Process
Division.
The filing fee is $20
for each defendant located in the United States ($15
service plus $5 certified mailing fee) and $30
for each defendant located outside the United States ($15 service plus
$15 registered mailing fee). The fees
changed July 1, 2001, to help cover the increasing costs of certified
mail. If you are mailing the
filing and fee, please send a check or money order payable to "Secretary of
State." If you are filing in person, we will accept check or money order, cash or
credit card (VISA, MasterCard, American Express, Discover). Credit cards can be accepted
by phone, but only if the completed filing has already been received.
See Ordering & Payment
for additional options.
A certified copy of a previous filing may be obtained for the
photocopy charge plus the certification charge. Photocopy charges are set by statute at
$1.00 for the first page plus $.50 for each additional page. The certification charge is
$10.00.
Delivery: Office Hours: 8:30 a.m. to 5:00 p.m.
Secretary of State
Process Section, Room 141-W
Main Capitol Building, First Floor, West Wing
(Nearest entry from Greenbrier Street)
Mailing/Express Service Delivery:
Process Section
Secretary of State
Building 1, Suite 157-K
1900 Kanawha Blvd. East
Charleston, WV 25305-0770
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