Service Affidavit - West Virginia
AFFIDAVIT OF SERVICE
| Party | Role |
|---|---|
| [PLAINTIFF NAME] | Plaintiff |
| v. | |
| [DEFENDANT NAME] | Defendant |
In the [CIRCUIT] Court of [COUNTY] County, West Virginia
Civil Action No.: [NUMBER]
I, [SERVER FULL NAME], being first duly sworn, state from personal knowledge:
-
I am at least 18 years old and am not a party to this action. My address is [FULL ADDRESS]. My relationship, if any, to a party is [STATE OR NONE].
-
On [DATE] at [TIME AND TIME ZONE], I served the following documents: [IDENTIFY ISSUED SUMMONS AND COMPLAINT, INCLUDING ANY ATTACHMENTS]. The summons was directed to [DEFENDANT NAME].
-
I served those documents at [FULL STREET ADDRESS, CITY, STATE, ZIP] by the following method (complete one):
☐ Personal delivery to an individual. I handed copies to [NAME OF DEFENDANT]. I identified the person by [HOW IDENTIFIED].
☐ Delivery at an individual's dwelling or usual abode. I left copies at [DEFENDANT NAME]'s dwelling or usual place of abode with [RECIPIENT NAME], who resides there and was at least 18 years old. I know those facts because [STATE PERSONAL OBSERVATIONS OR INFORMATION]. The recipient's relationship to the defendant is [RELATIONSHIP].
☐ Delivery to an authorized agent for an individual. I handed copies to [RECIPIENT NAME], whose authority to receive process for [DEFENDANT NAME] arose from [APPOINTMENT OR STATUTE; IDENTIFY SUPPORT].
☐ Delivery to a corporation, partnership, or association. I handed copies to [RECIPIENT NAME], [TITLE/CAPACITY], for [ENTITY NAME]. The recipient was authorized to receive this process under Rule 4(d)(4) because [IDENTIFY THE APPLICABLE ENTITY TYPE, RULE BRANCH, AND AUTHORITY].
-
Additional facts about the delivery, including any statements by the recipient, are: [FACTS OR "NONE"]. [LIST ANY PHOTO, RECEIPT, OR OTHER EXHIBIT ACTUALLY ATTACHED.]
-
The complaint was filed on [DATE]. [IF A SERVICE DEADLINE WAS EXTENDED OR A COURT ORDER AFFECTED SERVICE, IDENTIFY IT AND ATTACH THE ORDER.] I understand that Rule 4(i) measures the ordinary 120-day service period from filing of the complaint, subject to the court's authority under that rule.
I declare under oath or affirmation that the facts stated above are true and correct to the best of my personal knowledge.
Signed: ______________________________
[SERVER FULL NAME]
Date: [__/__/____]
Verification on oath or affirmation
State of [STATE]
County of [COUNTY]
Signed and sworn to (or affirmed) before me on [__/__/____] by [SERVER FULL NAME].
________________________________
Signature of notarial officer
Stamp: [NOTARIAL STAMP]
Title of office: [TITLE]
My commission expires: [DATE]
Sources and References
About this template
- Last updated
- October 2, 2026
- Citations checked
- October 2, 2026
- Jurisdiction
- West Virginia
- Category
- Litigation & Court Documents
Legal authority
- W. Va. R. Civ. P. 4(c), (d), (h)-(i)
- W. Va. Code § 39-4-16(3)
These are the filings that drive a lawsuit through the system: complaints, answers, motions, briefs, discovery requests and responses, and post-judgment papers. Each has its own format requirements under federal and state procedural rules, and each has a deadline that cannot be missed without consequences. Clean, procedurally correct filings move a case forward; sloppy ones invite motions to strike, amended responses, and avoidable delays.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 2, 2026.
W. Va. R. Civ. P. 4(c)(1)-(2) (checked October 2, 2026): "A person who is at least 18 years old and not a party may serve a summons and complaint."
W. Va. R. Civ. P. 4(d)(1)(B) (checked October 2, 2026): "Leaving a copy of the summons and complaint at the individual’s dwelling or usual place of abode with someone the age of 18 or above who resides there"
W. Va. R. Civ. P. 4(h) (checked October 2, 2026): "Proof of service shall be made to the court. Except for service by a deputy sheriff, proof shall be by the server’s affidavit."
W. Va. R. Civ. P. 4(d)(4)(A) (checked October 2, 2026): "delivering or mailing in accordance with Rule 4(c)(2) a copy of the summons and complaint to any agent or attorney-in-fact authorized by appointment or by statute to receive or accept service of process on its behalf."
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