Service Affidavit - West Virginia

AFFIDAVIT OF SERVICE

(State of West Virginia)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions (Affiant Statements)
4. Representations & Warranties
5. General Provisions
6. Execution Block
7. Notary Acknowledgment
8. Annex A – Service Method Checklist

1. DOCUMENT HEADER

Affidavit Title: Affidavit of Service of [DESCRIPTION OF DOCUMENT(S)]
Court: [___________ Court of ___________ County, West Virginia]
Civil Action No.: [___]
Plaintiff(s): [___]
Defendant(s): [___]
Effective Date: [DATE OF EXECUTION]
Governing Law / Forum: State of West Virginia; subject to Rule 4, W. Va. R. Civ. P.

2. DEFINITIONS

For purposes of this Affidavit, the following capitalized terms shall have the meanings set forth below:

2.1 “Affiant” means the natural person executing this Affidavit.

2.2 “Case” means the civil action identified in the Document Header.

2.3 “Documents” means [list each pleading, summons, subpoena, notice, or other paper served].

2.4 “Method of Service” means the manner in which service was effected, selected from the options permitted under Rule 4, W. Va. R. Civ. P., as further detailed in Annex A.

2.5 “Service Address” means [street address, city, state, zip code] at which service was attempted or effected.

2.6 “Service Date” means [MM/DD/YYYY], the calendar date on which service of the Documents was completed.

3. OPERATIVE PROVISIONS (AFFIANT STATEMENTS)

The Affiant, being first duly sworn, deposes and states as follows:

3.1 Identity & Capacity.
(a) My full legal name is [AFFIANT NAME]; I am [age] years of age.
(b) My address is [AFFIANT STREET ADDRESS, CITY, STATE, ZIP].
(c) I am ☐ a sheriff/deputy sheriff ☐ a private process server ☐ an individual adult who is not a party to nor interested in this Case, duly authorized under Rule 4(c), W. Va. R. Civ. P., to serve civil process in West Virginia.

3.2 Documents Served.
On the Service Date, I served the Documents described in Section 2.3.

3.3 Method & Manner of Service.
(a) I effected service by the Method of Service checked and further described in Annex A.
(b) If service was made by personal delivery: I personally delivered true copies of the Documents to [NAME OF PERSON SERVED], a person to be served under Rule 4(f).
(c) If service was made by substitute service:
  (i) I first exercised due diligence to effect personal service, making [NUMBER] separate attempts as detailed in Annex A; and
  (ii) I thereafter left the Documents [with a person of suitable age at the usual abode / at the usual place of business / as otherwise permitted] under Rule 4(d) & (f).
(d) If service was made by certified mail: I caused the Documents to be mailed via certified mail, return receipt requested, as evidenced by the attached signed green card or USPS electronic receipt (Exhibit 1).

3.4 Timing Compliance.
Service was completed within the time period required by Rule 4(k), W. Va. R. Civ. P., namely [number] days after issuance of the summons.

3.5 Accuracy.
All statements herein are based on my personal knowledge and are true and correct to the best of my information, knowledge, and belief.

4. REPRESENTATIONS & WARRANTIES

4.1 No Party Interest. Affiant represents that Affiant is not a party to, nor financially interested in, the outcome of the Case.

4.2 Competence. Affiant is legally competent to make this Affidavit and capable of testifying to the matters stated herein.

4.3 Compliance Warranty. Affiant warrants that service was performed in strict conformity with all applicable provisions of Rule 4, W. Va. R. Civ. P., any governing local rules, and any specific court orders in the Case.

4.4 Survival. The representations and warranties set forth in this Affidavit shall survive its filing and may be relied upon by the Court and all parties to the Case.

5. GENERAL PROVISIONS

5.1 Amendments. If any factual error is later discovered, Affiant shall promptly file an Amended Affidavit of Service.

5.2 Severability. If any portion of this Affidavit is determined invalid, the remainder shall remain in full force and effect.

6. EXECUTION BLOCK

Executed on this ___ day of [Month] [Year] at [City], West Virginia.

_______________________________________
[NAME OF AFFIANT]
Affiant

7. NOTARY ACKNOWLEDGMENT

(Use West Virginia short-form acknowledgment under W. Va. Code § 39-4-12.)

State of West Virginia )
County of ____________ ) ss:

On this ___ day of [Month] [Year], before me, the undersigned Notary Public, personally appeared [Affiant Name], known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing Affidavit of Service, and acknowledged that he/she executed the same for the purposes therein contained.

Witness my hand and official seal.

_______________________________________
Notary Public
My Commission Expires: ____________
Notary Seal:

8. ANNEX A – SERVICE METHOD CHECKLIST

A-1. ☐ Personal Service (Rule 4(d)(1), (f)(1))
 Name of individual served: _________________________
 Date & time: _________________ @ ________ a.m./p.m.
 Location (full address): ______________________________________________

A-2. ☐ Substitute Service at Dwelling (Rule 4(d)(1), (f)(1)(B))
 Name & relationship of recipient: ____________________________
 Attempts at personal service (dates/times):

1. ________  2. ________  3. ________
 Location of substitute service: _______________________________________
 Reason personal service impracticable: _______________________________

A-3. ☐ Certified Mail (Rule 4(d)(1)(D))
 USPS Tracking No.: _______________________
 Date of mailing: _____________ Date delivered: _____________
 Return receipt attached as Exhibit 1 ☐

A-4. ☐ Service on Business Entity (Rule 4(d)(4))
 Entity name: ________________________________________
 Recipient’s capacity (e.g., registered agent/officer): _____________
 Method: ☐ Personal ☐ Certified Mail ☐ Other: __________

A-5. ☐ Service Accepted/Waived (Rule 4(d)(8))
 Signed Acceptance of Service attached as Exhibit 2 ☐