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
| Court | Magistrate 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
- 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)
- 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)
- 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 fee | Not verified Set by each court or county; no single statewide figure published |
|---|---|
| Service of process and writ / removal | Not 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.
Official resources
All West Virginia counties
Counties without verified local fees show the statewide rules above.
- Barbour County
- Berkeley County
- Boone County
- Braxton County
- Brooke County
- Cabell County
- Calhoun County
- Clay County
- Doddridge County
- Fayette County
- Gilmer County
- Grant County
- Greenbrier County
- Hampshire County
- Hancock County
- Hardy County
- Harrison County
- Jackson County
- Jefferson County
- Kanawha County
- Lewis County
- Lincoln County
- Logan County
- McDowell County
- Marion County
- Marshall County
- Mason County
- Mercer County
- Mineral County
- Mingo County
- Monongalia County
- Monroe County
- Morgan County
- Nicholas County
- Ohio County
- Pendleton County
- Pleasants County
- Pocahontas County
- Preston County
- Putnam County
- Raleigh County
- Randolph County
- Ritchie County
- Roane County
- Summers County
- Taylor County
- Tucker County
- Tyler County
- Upshur County
- Wayne County
- Webster County
- Wetzel County
- Wirt County
- Wood County
- Wyoming County
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.