Home › Evictions › West Virginia

West Virginia eviction process and court fees

West Virginia evictions are heard in the magistrate court in the county (wrongful occupation). Before filing for unpaid rent, the landlord must give the notice required by W. Va. Code §55-3A-1.

Not legal advice. This page summarizes public statutes and court fee schedules as of the date shown. Rules and fees change; confirm with the court before you file, and talk to a local attorney about your situation.

West Virginia eviction at a glance

CourtMagistrate court in the county (wrongful occupation)

West Virginia evictions are heard in the magistrate court in the county (wrongful occupation). Before filing for unpaid rent, the landlord must give the notice required by W. Va. Code §55-3A-1.

Step by step

  1. Notice for unpaid rent. No statutory pre-suit notice period for nonpayment; after filing, a hearing is set 5 to 10 judicial days out. (W. Va. Code §55-3A-1)
  2. File in court. If the tenant doesn't pay or move out, file the eviction case in the magistrate court in the county (wrongful occupation). Ask the clerk for current filing and service fees. (West Virginia Judiciary)
  3. Hearing, judgment and removal. After the tenant is served, the court sets a hearing. If the landlord wins, removal happens only through the court's order or writ, carried out by a law enforcement officer. Exact timelines are in the court's self-help materials. (West Virginia Judiciary)

Statewide fees

Eviction filing feeNot verified
Set by each court or county; no single statewide figure published
Service of process and writ / removalNot verified
Set by the county sheriff, marshal or constable

Fees vary by court or county. For any county we haven't verified, call the clerk before filing.

About the missing details

Why it's missing: We only list eviction court fees published by an official source. West Virginia hasn't published its local filing, service and writ fees online in a form we could verify, so call the clerk of the magistrate court to confirm before you file.

General information
Not specific to West Virginia

Across the 21 counties where we've read the official fee schedule, the eviction filing fee runs from $41 to $322. Sheriff or constable service usually adds a per-tenant charge, and a writ of possession adds another. Statewide fixed filing fees we've verified: California $240 (claims up to $10,000), Connecticut $175, Delaware $45, Florida $185, Texas $54.

Closest place with verified data

Franklin County, OH (about 151 miles away): eviction, possession only (incl. service for up to 3 defendants/addresses) $149

Call or visit the official office

West Virginia Judiciary · Official website

Ask for the clerk's office for the court that handles evictions in your county.

Know the current fee? Tell us. We check every tip against an official source before publishing it.

Frequently asked

Which court handles evictions in West Virginia?

Magistrate court in the county (wrongful occupation).

How much notice does a West Virginia landlord have to give?

No statutory pre-suit notice period for nonpayment; after filing, a hearing is set 5 to 10 judicial days out.

How much does it cost to file an eviction in West Virginia?

Fees vary by court or county. For any county we haven't verified, call the clerk before filing.