West Virginia Code § 46A-2-137

Service of process on certain nonresidents
Open in Lexace · Ask the AI about this section
Any nonresident person, except a nonresident corporation authorized to do business in this
state pursuant to the provisions of chapter thirty-one of this code, who takes or holds any
negotiable instrument, nonnegotiable instrument, or contract or other writing, arising from a
consumer credit sale or consumer lease which is subject to the provisions of this article,
other than a sale or lease primarily for an agricultural purpose, or who is a leender subject to
the provisions of section one hundred three of this article, shall be conclusively presumed to
have appointed the Secretary of State as his attorney-in-fact with authorrity to accept service
of notice and process in any action or proceeding brought against him arising out of such
consumer credit sale, consumer lease or consumer loan. A person shall be considered a
nonresident hereunder if he is a nonresident at the time such service of notice and process is
sought. No act of such person appointing the Secretary of Sttate shall be necessary.
Immediately after being served with or accepting any such process or notice, of which
process or notice two copies for each defendant shall be furnished the Secretary of State
with the original notice or process, together with the fee required by section two, article
one, chapter fifty-nine of this code, the Secretary of State shall file in his office a copy of
such process or notice, with a note thereon endorsed of the time of service or acceptance, as
the case may be, and transmit one copy of such process or notice by registered or certified
mail, return receipt requested, by a means which may include electronic issuance and
acceptance of electronic return receipts, to such person at his address, which address shall
be stated in such process or notice: Provided, That after receiving verification from the
United States postal service theat acceptance of process or notice has been signed, the
Secretary of State shall notify the clerk's office of the court from which the process or notice
was issued by a means wLhich may include electronic notification. If the process or notice
was refused or undeliverable by the United States postal service the Secretary of State shall
return refused or und eliverable mail to the clerk's office of the court from which the process
or notice was Vissued. But no process or notice shall be served on the Secretary of State or
accepted fewer than ten days before the return date thereof. The court may order such
continuances as may be reasonable to afford each defendant opportunity to defend the
action or proceeding.The provisions for service of process or notice herein are cumulative
and nothing herein contained shall be construed as a bar to the plaintiff in any action from
having process or notice in such action served in any other mode and manner provided by
law.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.