West Virginia § 33-10-4b Return of summons and summary hearing

West Virginia Statutes

§ 33-10-4b — Return of summons and summary hearing

West Virginia § 33-10-4b

Ch. 33Â INSURANCE

Art. 10REHABILITATION AND LIQUIDATION

This text of West Virginia § 33-10-4b (Return of summons and summary hearing) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 33-10-4b (2026).

Text

(a)The court shall hold a summary hearing at the time and date for the return of summons.

(b)If a person is not served with the petition and summons and fails to appear for the summary hearing, the court shall:

(1)Continue the summary hearing not more than ten days;

(2)Require the commissioner to make additional or alternative attempts at service of the petition and summons upon the person; and

(3)Extend any restraining order.

(c)Upon a showing of good faith efforts to effect service upon a person who has failed to appear for a continued summary hearing, the court shall order notice of the petition to be published. The order and notice shall specify a return date not less than ten nor more than twenty days after the publication and that the restraining order has been extended to

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(a) The court shall hold a summary hearing at the time and date for the return of summons.

(b) If a person is not served with the petition and summons and fails to appear for the summary hearing, the court shall:

(1) Continue the summary hearing not more than ten days;

(2) Require the commissioner to make additional or alternative attempts at service of the petition and summons upon the person; and

(3) Extend any restraining order.

(c) Upon a showing of good faith efforts to effect service upon a person who has failed to appear for a continued summary hearing, the court shall order notice of the petition to be published. The order and notice shall specify a return date not less than ten nor more than twenty days after the publication and that the restraining order has been extended to the continued hearing date.

(d) If a person fails to appear for a summary hearing after service of the summons, the court shall enter judgment in favor of the commissioner against that person.

(e) A person who appears for the summary hearing shall file its answer at the hearing and the court shall:

(1) Determine whether to extend any temporary restraining orders pending final judgment; and

(2) Set the case for trial on a date not more than ten days from the summary hearing.

(f) The court shall grant no continuance for filing an answer.