{"data":{"id":"us-wv/w.-va.-code-33-10-4b","jurisdiction":"us-wv","citation":"W. Va. Code § 33-10-4b","heading":"Return of summons and summary hearing.","body":"(a) The court shall hold a summary hearing at the time and date for the return of summons.\n(b) If a person is not served with the petition and summons and fails to appear for the summary hearing, the court shall:\n(1) Continue the summary hearing not more than ten days;\n(2) Require the commissioner to make additional or alternative attempts at service of the petition and summons upon the person; and\n(3) Extend any restraining order.\n(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.\n(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.\n(e) A person who appears for the summary hearing shall file its answer at the hearing and the court shall:\n(1) Determine whether to extend any temporary restraining orders pending final judgment; and\n(2) Set the case for trial on a date not more than ten days from the summary hearing.\n(f) The court shall grant no continuance for filing an answer.","path":["CHAPTER 33. INSURANCE.","ARTICLE 10. REHABILITATION AND LIQUIDATION."],"source_url":"https://code.wvlegislature.gov/33-10-4B/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:28:24Z","sha256":"ac567fa3e4638b26f0e73b4c49a8aff29be1567f80c372e99dd6505a1b1f6549","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-33-10-4a","next":"us-wv/w.-va.-code-33-10-4c"},"notice":"GroundRules: Original legal text. Not legal advice."}