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Legal Research Centers of West Virginia |
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Filing the Lawsuit |
Do I have to
pay to file a lawsuit?
Yes.
The court will charge a fee to file your case.
In Family Court cases, there is also a charge for the forms.
But you may not have to pay those fees if you meet low-income
guidelines. This is called a
fee waiver. If you
think you might qualify, ask the Clerk to give you the Fee
Waiver Forms to see if you are eligible to have the fees waived.
The Fee Waiver Forms are also available on the Supreme Court’s
Web site or
ask your county Circuit or Magistrate Court Clerk.
How do I make sure I’ve done everything right?
If I have
trouble reading, is there someone who can help me with the forms?
Yes. You can ask someone in the Clerk’s office to help you, or contact your
local library. The West Virginia Literacy
Program also provides volunteer readers.
You can
also take the forms home and get a friend to read them to you.
How
do I notify the other person that I have filed a Complaint against them?
Whenever
you file a lawsuit, including a divorce, you have to arrange to have the
Complaint delivered to the person you are suing/divorcing and provide the court with proof of
how, when, and where the papers were received.
This is called a Service of Process. There are several ways that you can legally serve someone.
The most common methods are listed below.
Personal
Service:
The papers are hand-delivered to the other side.
The sheriff’s office provides this service.
You give the sheriff’s office the papers and they will
send a deputy to the person’s home or place of work.
Any credible person
over the age of 18 who is not involved in the case can also
provide personal service.
A Certificate of Delivery
form proving that the person received the papers must be filled
out and filed at the Clerk’s office.
Restricted
Delivery:
The Clerk sends the Complaint by certified mail.
Only the person being sued can sign for the papers.
Acceptance of Service: If the other side is willing to accept the papers, you can give them a copy, have them sign a receipt form, and the person who served the paper must file that form with the Clerk.
Service
by Publication:
This method is used only if the person you’re suing lives
out of state or you don’t know how to locate them.
Putting an ad in the newspaper usually does it, but it can
be a little tricky. Note:
The instructions for how to serve someone by publication
are in the Divorce Packet or you can ask the Clerk to explain them
to you. This method
of service cannot be used in all divorce cases and could affect
your ability to collect alimony and child support.
Do I serve the papers the same way when filing an answer?
You can serve an Answer by mailing it to the person who sued you. Along with your Answer, you will need to file a Certificate of Service with the Court Clerk stating the name and address of the other party or their lawyer.