Statutes, codes, and regulations
West Virginia Administrative Code
Agency 153 - Secretary Of StateTitle 153 - LEGISLATIVE RULE SECRETARY OF STATE
Series 153-37 - Administration of the Address Confidentiality Program
Section 153-37-11 - Service of Process

W. Va. Code R. § 153-37-11

Download
PDF
Current through Register Vol. XLI, No. 36, September 6, 2024
Section 153-37-11 - Service of Process
11.1. The Secretary of State shall be an agent of the program participant upon whom any service of process, notice or demand may be served.
11.2. Service on the Secretary of State of any such service of process, notice or demand shall be made by mail or delivery to the Secretary of State at her or his office two copies of the process, notice or demand. If by mail, such service of process, notice or demand shall be made on the Secretary of State at her or his regular mailing address and not at the designated address of the program participant.
11.3. If such service of process, notice or demand is served on the Secretary of State on behalf of the program participant, the Secretary of State shall immediately forward, via certified mail return receipt requested, a copy to the program participant at the participant's residential or mailing address.
11.4. The Secretary of State shall maintain, in the program participant's file, a record of any service of process, notice or demand served upon the Secretary of State for that participant. The Secretary of State shall include in the file the date of such service and the Secretary of State's action.
11.5. Service or acceptance of process or notice is sufficient if return receipt is signed by the program participant, or if the registered or certified mail sent by the Secretary of State is refused by the program participant and the registered or certified mail is returned to the Secretary of State, or to her or his office, showing the stamp of the United States Postal Service that delivery has been refused, and the return receipt or registered or certified mail is appended to the original process or notice and filed in the clerk's office of the court from which the process or notice was issued. The Secretary of State may redact the residential address from any document filed with the court unless otherwise ordered by the court.

W. Va. Code R. § 153-37-11