H. B. 2267
(By Delegate Williams (By Request))
[Introduced February 27, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section eleven, article three,
chapter fifty-six of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to persons
who receive fifty percent or more of their income from
service of process; and requiring those persons to register
with the clerk of the supreme court of appeals for an
identification card.
Be it enacted by the Legislature of West Virginia:
That section eleven, article three, chapter fifty-six of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 3. WRITS, PROCESS AND ORDER OF PUBLICATION.
§56-3-11. Execution and validity of service generally; execution
when sheriff is disqualified; service when original is returned not executed.
Any process or notice may be executed on or before the
return day thereof. If it appear to be duly served and good in
other respects, it shall be deemed valid, although not directed
to any officer, or although directed to an officer who is not
qualified to execute it, provided it be executed by any other to
whom it might lawfully have been directed. In any case in which
it would be improper for the sheriff to execute any process,
notice, writ or order, or summon a jury, because of interest or
other disability, it shall be lawful for any deputy sheriff of
such the county not similarly disqualified to execute such
process, notice, writ or order, or summon such the jury, and make
return thereof in his or her own name as deputy sheriff, and the
execution and return thereof, if in other respects duly made,
shall be valid, though it be directed to the sheriff. Process or
notice to commence actions or suits, including writs of scire
facias, mandamus, quo warranto, certiorari, prohibition, and
alias or other process where the original is returned not
executed, may also be served by any credible person; and the
return of such person, verified by his or her affidavit, shall be
evidence of the manner and time of service. Any credible person
who derives fifty percent or more of his or her income from
service of any process or notice described in this section is required to register with the clerk of the supreme court of
appeals of West Virginia for an identification card which shall
be issued by the clerk. The identification card shall contain
the full name, date of birth, address, brief description and a
color photograph of the process server. The clerk shall maintain
an up to date index of all private process servers and may charge
a fee not to exceed fifteen dollars a year for issuing the
identification card and maintaining the index of process servers.
NOTE: The purpose of this bill is to require persons who
derive fifty percent or more of their income from service of
process to have an identification card issue by the Clerk of the
West Virginia Supreme Court of Appeals.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.