Legal Question in Business Law in West Virginia

Re: filing papers in which state?

Service of Process may be had through the Secretary of State. It could be that a foreign corporation has even qualified to do business in West Virginia, in which case it is required to appoint a resident agent for the purpose of Service of Process. If a foreign person is subject to suit in a state, he has impliedly consented to be sued in that state. The Secretary of State can then be used for service. The first step is to determine who the real person is. You cannot sue just a name used by some company. You have to sue the "person". A person can be an individual, a corporation, a partnership, a limited liability company. In short there has to be a certificate or charter issued by a state or the defendant must be an individual to be subject to suit.