SB 670 — Amending service of process on nonresident persons or corporate entities

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Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 670 Senator Weld, original sponsor [Originating[Passed inMarch the6, Committee2020; on the Judiciary;

reportedin oneffect February90 5,days 2020]from passage]     AAN BILLACT to amend and reenact §56-3-33 of the Code of West Virginia, 1931, as amended, relating to amending the manner of service of process on nonresident persons or corporate entities.

(a) The engaging by a nonresident, or by his or her duly authorized agent, in any one or more of the acts specified in subdivisions (1) through (7), inclusive, of this subsection shall be deemed considered equivalent to an appointment by such a nonresident of the Secretary of State, or his or her successor in office, to be his or her true and lawful attorney upon whom may be served all lawful process in any action or proceeding against him or her, in any circuit court in this state, including an action or proceeding brought by a nonresident plaintiff or plaintiffs, for a cause of action arising from, or growing out of, such act or acts, and the engaging in such act or acts shall be a signification of such nonresident’s agreement that any such process against him or her, which is served in the manner hereinafter provided, shall be of the same legal force and validity as though such nonresident were personally served with a summons and complaint within this state:

(5) Causing injury in this state to any person by breach of warranty expressly or impliedly made in the sale of goods outside this state when he or she might reasonably have expected such the person to use, consume, or be affected by the goods in this state:

By leaving the original and two copies of both the summons and the complaint, and the fee required by §59-1-2 of this code with the Secretary of State, or in his or her office, and such this service shall be sufficient upon such the nonresident:

Provided, That notice of such the service and a copy of the summons and complaint shall forthwith be sent by registered or certified mail, return receipt requested, by a means which may include electronic issuance and acceptance of electronic return receipts, by the Secretary of State to the defendant at his or her nonresident address and the defendant’s return receipt signed by himself or herself or his or her duly authorized agent or the registered or certified mail so sent by the Secretary of State which is refused by the addressee and which registered or certified mail is returned to the Secretary of State, or to his or her office, showing thereon the stamp of the post-office department that delivery has been refused.

(1) “Duly authorized agent” means and includes among others a person who, at the direction of or with the knowledge or acquiescence of a nonresident, engages in such act or acts and includes among others a member of the family of such the nonresident or a person who, at the residence, place of business, or post office of such the nonresident, usually receives and receipts for mail addressed to such the nonresident.

(f) The provision for service of process herein is cumulative and nothing herein contained shall may be construed as a bar to the plaintiff in any action or proceeding from having process in such action served in any other mode or manner provided by the law of this state or by the law of the place in which the service is made for service in that place in an action in any of its courts of general jurisdiction.

(g) This section shall may not be retroactive and the provisions hereof shall may not be available to a plaintiff in a cause of action arising from or growing out of any of said the acts occurring prior to the effective date of this section.

    NOTE:

The purpose of this bill is to amend the manner of service of process on nonresident persons or corporate entities.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.