W. Va. Code § 33-10-4b

Return of summons and summary hearing.

  1. (a) The court shall hold a summary hearing at the time and date for the return of summons.
  2. (b) If a person is not served with the petition and summons and fails to appear for the summary hearing, the court shall:

    1. (1) Continue the summary hearing not more than ten days;
    2. (2) Require the commissioner to make additional or alternative attempts at service of the petition and summons upon the person; and
    3. (3) Extend any restraining order.
  3. (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.
  4. (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.
  5. (e) A person who appears for the summary hearing shall file its answer at the hearing and the court shall:

    1. (1) Determine whether to extend any temporary restraining orders pending final judgment; and
    2. (2) Set the case for trial on a date not more than ten days from the summary hearing.
  6. (f) The court shall grant no continuance for filing an answer.
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