WVC 46 A- 2 - 137
§46A-2-137. Service of process on certain nonresidents.
Any nonresident person, except a nonresident corporation
authorized to do business in this state pursuant to the provisions
of chapter thirty-one of this code, who takes or holds any
negotiable instrument, nonnegotiable instrument, or contract or
other writing, arising from a consumer credit sale or consumer
lease which is subject to the provisions of this article, other
than a sale or lease primarily for an agricultural purpose, or who
is a lender subject to the provisions of section one hundred three
of this article, shall be conclusively presumed to have appointed
the secretary of state as his attorney-in-fact with authority to
accept service of notice and process in any action or proceeding
brought against him arising out of such consumer credit sale,
consumer lease or consumer loan. A person shall be considered a
nonresident hereunder if he is a nonresident at the time such
service of notice and process is sought. No act of such person
appointing the secretary of state shall be necessary. Immediately
after being served with or accepting any such process or notice, of
which process or notice two copies for each defendant shall be
furnished the secretary of state with the original notice or
process, together with the fee required by section two, article
one, chapter fifty-nine of this code, the secretary of state shall
file in his office a copy of such process or notice, with a note
thereon endorsed of the time of service or acceptance, as the case
may be, and transmit one copy of such process or notice by registered or certified mail, return receipt requested, by a means
which may include electronic issuance and acceptance of electronic
return receipts, to such person at his address, which address shall
be stated in such process or notice: Provided,
receiving verification from the United States postal service that
acceptance of process or notice has been signed, the secretary of
state shall notify the clerk's office of the court from which the
process or notice was issued by a means which may include
electronic notification. If the process or notice was refused or
undeliverable by the United States postal service the secretary of
state shall return refused or undeliverable mail to the clerk's
office of the court from which the process or notice was issued.
But no process or notice shall be served on the secretary of state
or accepted fewer than ten days before the return date thereof.
The court may order such continuances as may be reasonable to
afford each defendant opportunity to defend the action or proceeding.
The provisions for service of process or notice herein are
cumulative and nothing herein contained shall be construed as a bar
to the plaintiff in any action from having process or notice in
such action served in any other mode and manner provided by law.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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