Who may serve a summons and complaint in West Virginia?

Any person at least 18 years old who is not a party to the case (W. Va. R. Civ. P. 4(c)(2)(A)), or a sheriff at the plaintiff's request and fee (Rule 4(c)(2)(B)). West Virginia has no license or certification regime for private process servers.

Can a party serve their own summons in West Virginia?

No. A party cannot personally serve the defendant with the summons and complaint. The only party-service route is different and narrower: a party may pay a fee to serve the West Virginia Secretary of State directly as a defendant's statutory agent, which is not a way to serve the defendant personally.

Is ordinary mail enough to serve a West Virginia summons?

Generally no. Apart from Rule 4(e)(2) mailing to a known address where publication grounds exist, the clerk of court, not the plaintiff or a private server, mails the summons, upon the plaintiff's request and fee, by certified mail, return receipt requested, restricted delivery, for $20, or by first-class mail with a notice-and-acknowledgment card and prepaid return envelope for $5. If that acknowledgment is not signed and returned within 21 days, another method must complete service, and a default judgment cannot rest on clerk-mailed service unless the record holds a signed receipt or a refused envelope.

Does West Virginia have an official proof-of-service form?

No mandatory statewide numbered proof-of-service form exists. West Virginia Rule of Civil Procedure 4(h)(1) requires only the server's affidavit stating that service was made, with no prescribed content list or form number, except a deputy sheriff's return need not be an affidavit. If the circuit court requires its own version, that court's form controls.

Does a West Virginia proof of service need to be notarized?

For most servers, yes. Rule 4(h)(1) requires an affidavit, which West Virginia usage treats as a statement sworn before a notary or other officer authorized to administer oaths. A deputy sheriff's return is the one exception; it does not need to be an affidavit at all.

How long do I have to serve a summons in West Virginia?

120 days after the complaint is filed (W. Va. R. Civ. P. 4(i)). If the defendant is not served in time, the court dismisses that defendant without prejudice or orders service within a specified time, and it extends the period for good cause shown.

Is there a deadline to file the proof of service in West Virginia?

No separate rule-based deadline exists to file the proof itself. Rule 4(h)(2) states that failing to prove service does not affect the validity of service already made, and the court may permit the proof to be amended.

Does this West Virginia proof of service cover federal court, service abroad, or a government defendant?

No. Service on the federal government, a foreign country, or under the Hague Service Convention, and service in federal court under the Federal Rules of Civil Procedure, follow separate rules not covered on this page.

West Virginia Proof of Service

Q: How do I serve later papers like motions in a West Virginia case?

Under Rule 5(b), by hand delivery, by leaving them at an office or dwelling, by mail to the last known address (complete upon mailing), or electronically where available, with a certificate of service filed within a reasonable time. Unlike the summons, Rule 5 does not bar a party from serving or certifying these papers.

West Virginia has the clerk of court, not the plaintiff or a private server, personally mail the summons and complaint by certified or first-class mail for a small fee, while an ordinary non-party adult at least 18 may otherwise serve it with no license or certification required, and there is no mandatory statewide proof-of-service form.

Find out where you stand in West Virginia

Where are you with service?

DocDraft provides document preparation, not legal advice.

Introduction

West Virginia lets any person at least 18 who is not a party serve a summons (W. Va. R. Civ. P. 4(c)(2)(A)), or a sheriff at the plaintiff's request and fee; there is no license or certification regime for private process servers. A party cannot personally serve the defendant; the one party-service route lets a party pay a fee to serve the Secretary of State directly as a defendant's statutory agent, a narrow substitute, not general self-service. There is no mandatory proof-of-service form; Rule 4(h)(1) requires only the server's sworn affidavit, except a deputy sheriff's return need not be one. Except Rule 4(e)(2) mailing on publication grounds, the clerk, not a plaintiff or server, mails the summons: certified mail for $20, or first-class mail with a notice-and-acknowledgment card and prepaid envelope for $5; an unreturned acknowledgment within 21 days requires another method, and a default judgment needs a signed receipt or refused envelope in the record. The defendant must be served within 120 days of filing, or the court dismisses without prejudice or allows more time for good cause; no separate deadline exists to file the proof. Later papers go by hand, at an office or dwelling, by mail complete upon mailing, or electronically where available, with a certificate of service filed within a reasonable time; a self-represented party may serve and certify these papers. Federal, out-of-country, and government service follow separate rules not covered here. Because the proof is sworn, never misstate how or when service occurred. Attorney review is available before you file.

Key Things to Know

1
A summons and complaint may be served by any person at least 18 years old who is not a party (W. Va. R. Civ. P. 4(c)(2)(A)), or by a sheriff at the plaintiff's request and fee (Rule 4(c)(2)(B)); West Virginia has no license or certification regime for private process servers. There is no mandatory statewide numbered proof-of-service form; Rule 4(h)(1) requires only the server's affidavit, except a deputy sheriff's return need not be an affidavit.
2
A party cannot personally serve the defendant with the summons and complaint. The only party-service route is narrower and different: a party may pay a fee to serve the West Virginia Secretary of State directly as a defendant's statutory agent (Rule 4(c)(2)(D)), which is not a way to serve the defendant personally.
3
Personal delivery to the individual is one method (Rule 4(d)(1)(A)). Another is leaving a copy at the individual's dwelling or usual place of abode with a resident at least 18 years old (Rule 4(d)(1)(B)); unlike many states, this method carries no additional follow-up mailing requirement in the rule text. Delivery to an authorized agent or attorney-in-fact is also available (Rule 4(d)(1)(C)).
4
Apart from Rule 4(e)(2) mailing where publication grounds exist, ordinary mail by the plaintiff or a server is not valid for a summons; the clerk of court mails it, upon the plaintiff's request and fee: certified mail, return receipt requested, restricted delivery, for a $20 fee (Rule 4(d)(1)(F)), or first-class mail with a notice-and-acknowledgment card and prepaid return envelope for a $5 fee (Rule 4(d)(1)(G)). If the acknowledgment is not signed and returned within 21 days, service must be completed by another method. A default judgment cannot rest on clerk-mailed service unless the record holds a signed return receipt or a refused envelope.
5
Constructive service by publication is available on an affidavit showing statutory grounds, published once a week for two successive weeks, with the summons giving the defendant at least 30 days to appear (Rule 4(e)(1)); where publication grounds exist, service by mailing to a known address is a separate method (Rule 4(e)(2)). Personal service outside West Virginia is also available, giving at least 30 days to appear (Rule 4(f)). Separate methods apply to minors, incompetent persons, incarcerated persons, corporations, public bodies, and unincorporated associations (Rule 4(d)(2)-(4)).
6
The defendant must be served within 120 days after the complaint is filed, or the court dismisses that defendant without prejudice or orders service within a specified time; the court extends that period for good cause shown (Rule 4(i)). No separate rule-based deadline exists to file the proof of service, and Rule 4(h)(2) states that failing to file proof does not affect the validity of service already made; the court may permit the proof to be amended.
7
Later papers, such as motions, are served under Rule 5(b) by hand delivery, by leaving them at an office or dwelling, by mail to the last known address (complete upon mailing), or electronically where available, with a certificate of service filed within a reasonable time (Rule 5(d)(1)). Unlike the summons, Rule 5 does not bar a party from serving or certifying later papers. Because the proof of service is sworn, never misstate how or when service occurred; defective service of the summons can leave a default judgment open to attack.

Key decisions before you file

Before you file a Proof of Service in West Virginia, a few decisions shape the document: which option to choose and what each one means. The Proof of Service guide walks through them.

Open the Proof of Service guide

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CIRCUIT COURT OF [COUNTY] COUNTY, WEST VIRGINIA

[PLAINTIFF NAME], Plaintiff,

v. Civil Action No. [CASE NUMBER]

[DEFENDANT NAME], Defendant.

PROOF OF SERVICE

West Virginia has no mandatory statewide numbered proof-of-service form. West Virginia Rule of Civil Procedure 4(h)(1) requires only the server's affidavit, except a deputy sheriff's return need not be an affidavit. If the circuit court supplies or requires its own version, that form controls instead of this one.

DEPUTY SHERIFF RETURN

[IF APPLICABLE: I, [NAME OF DEPUTY SHERIFF], a deputy sheriff of [COUNTY] County, West Virginia, return that I served the Summons and Complaint, together with [ADDITIONAL PAPERS SERVED, IF ANY], on [NAME OF PERSON SERVED] by [PERSONAL DELIVERY OR LEAVING A COPY AT THE DWELLING WITH A RESIDENT AT LEAST 18 YEARS OLD], on [DATE OF SERVICE] at [TIME OF SERVICE], at [ADDRESS OR OTHER PLACE OF SERVICE].]

AFFIDAVIT OF SERVER

[IF APPLICABLE: I, [NAME OF SERVER], being at least 18 years old and not a party to this action, as West Virginia Rule of Civil Procedure 4(c)(2)(A) requires, being first duly sworn, state that I served the Summons and Complaint, together with [ADDITIONAL PAPERS SERVED, IF ANY], on [NAME OF PERSON SERVED] by:

[PERSONAL DELIVERY TO THE INDIVIDUAL, OR LEAVING A COPY AT THE INDIVIDUAL'S DWELLING OR USUAL PLACE OF ABODE WITH [NAME OF RESIDENT], A PERSON AT LEAST 18 YEARS OLD WHO RESIDES THERE, OR DELIVERY TO [NAME OF AGENT OR ATTORNEY-IN-FACT], AUTHORIZED BY APPOINTMENT OR STATUTE TO RECEIVE SERVICE], on [DATE OF SERVICE] at [TIME OF SERVICE], at [ADDRESS].]

CLERK-EXECUTED MAIL SERVICE

[IF APPLICABLE: I, [NAME OF CLERK OR DEPUTY CLERK], Clerk of the Circuit Court of [COUNTY] County, certify that upon the plaintiff's request and payment of the required fee, I mailed a copy of the Summons and Complaint to [DEFENDANT NAME] at [ADDRESS] by [CERTIFIED MAIL, RETURN RECEIPT REQUESTED, DELIVERY RESTRICTED TO THE ADDRESSEE, for a $20 fee, with the signed return receipt or a return envelope showing refusal attached to this proof, OR FIRST-CLASS MAIL WITH A NOTICE-AND-ACKNOWLEDGMENT FORM AND PREPAID RETURN ENVELOPE, for a $5 fee, with the signed and returned acknowledgment attached to this proof]. [IF APPLICABLE: The acknowledgment was not signed and returned within 21 days, and service was completed instead by [METHOD USED UNDER RULE 4(d)(1)(A) THROUGH (E)].]]

PUBLICATION OR OUT-OF-STATE SERVICE

[IF APPLICABLE: Service was made by publication under West Virginia Rule of Civil Procedure 4(e)(1), published once a week for two successive weeks in [NEWSPAPER NAME], on a showing of [STATUTORY GROUND FOR PUBLICATION], with the summons giving the defendant at least 30 days to appear.]

[IF APPLICABLE: Service was made by personal delivery outside the State of West Virginia under Rule 4(f) on [DATE OF SERVICE], at [ADDRESS, CITY, STATE], giving the defendant at least 30 days to appear.]

VERIFICATION

[IF APPLICABLE, FOR THE AFFIDAVIT OF SERVER ONLY: Subscribed and sworn to before me on [DATE] by [NAME OF SERVER].

[SIGNATURE OF NOTARY OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS] My commission expires: [DATE]

[SIGNATURE OF SERVER] [PRINTED NAME OF SERVER] [ADDRESS OF SERVER] [CITY, WEST VIRGINIA ZIP]]

CERTIFICATE OF SERVICE OF LATER PAPERS

[IF APPLICABLE: I certify that on [DATE], I served a copy of [NAME OF DOCUMENT] on [NAME OF PARTY OR ATTORNEY OF RECORD] by [HAND DELIVERY, LEAVING IT AT THE PERSON'S OFFICE WITH A CLERK OR PERSON IN CHARGE (OR IN A CONSPICUOUS PLACE IF NO ONE IS IN CHARGE), OR, IF THERE IS NO OFFICE, AT THE PERSON'S DWELLING WITH SOMEONE AT LEAST 18 YEARS OLD OF SUITABLE DISCRETION WHO RESIDES THERE, MAILING IT TO THE LAST KNOWN ADDRESS, OR ELECTRONIC MEANS UNDER WEST VIRGINIA TRIAL COURT RULE 15 OR 12], at [ADDRESS, EMAIL ADDRESS, OR FAX NUMBER]. [IF APPLICABLE: Service by mail was complete upon mailing.]

I declare under penalty of perjury that the foregoing is true and correct.

[SIGNATURE] [NAME]]

West Virginia Requirements for Proof of Service

Clerk Executes Mail Service, Not the Plaintiff
Apart from Rule 4(e)(2) mailing where publication grounds exist, the clerk of court mails the summons, upon the plaintiff's request and fee: certified mail, return receipt requested, restricted delivery, for $20, or first-class mail with a notice-and-acknowledgment card and prepaid return envelope for $5. An unreturned acknowledgment within 21 days requires another method (W. Va. R. Civ. P. 4(d)(1)(F)-(G)).
Non-Party Adult May Serve, No License Required
Any person at least 18 years old who is not a party may serve the summons and complaint, and West Virginia has no license or certification regime for private process servers (W. Va. R. Civ. P. 4(c)(2)(A)).
Party Barred From Personally Serving the Defendant
A party cannot personally serve the defendant with the summons and complaint. The only party-service route lets a party pay a fee to serve the West Virginia Secretary of State directly as a defendant's statutory agent, a narrow substitute distinct from personal service (Rule 4(c)(2)(D)).
No Mandatory Statewide Proof-of-Service Form
West Virginia has no numbered, mandatory proof-of-service form. Rule 4(h)(1) requires only the server's affidavit with no prescribed content list, and a circuit court's own version controls if one is required.
Affidavit Required Unless a Deputy Sheriff Returns It
Proof of service must be by the server's sworn affidavit under Rule 4(h)(1), except a deputy sheriff's return does not need to be an affidavit at all.
120-Day Deadline to Serve the Defendant
The defendant must be served within 120 days after the complaint is filed, or the court dismisses that defendant without prejudice or orders service within a specified time, extending for good cause shown (W. Va. R. Civ. P. 4(i)).
No Fixed Deadline to File the Proof
Rule 4(h)(2) states that failing to file proof of service does not affect the validity of service already made, and West Virginia sets no separate rule-based deadline to file it; the court may permit the proof to be amended.
Certificate of Service Complete Upon Mailing for Later Papers
Later papers served under Rule 5(b) by mail to the last known address are complete upon mailing, and unlike the summons, Rule 5 does not bar a party from serving or certifying these papers (Rule 5(b)(2), 5(d)(1)).

Find out where you stand in West Virginia

Introduction

Key Things to Know

Key decisions before you file

Customize your Proof of Service Template with DocDraft

West Virginia Requirements for Proof of Service

Clerk Executes Mail Service, Not the Plaintiff

Non-Party Adult May Serve, No License Required

Party Barred From Personally Serving the Defendant

No Mandatory Statewide Proof-of-Service Form

Affidavit Required Unless a Deputy Sheriff Returns It

120-Day Deadline to Serve the Defendant

No Fixed Deadline to File the Proof

Certificate of Service Complete Upon Mailing for Later Papers

Frequently Asked Questions