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West Virginia Small Claims Court Filing Fees (2026)

Filing a small claims case in West Virginia costs
$50 –$70
depending on the amount you claim.
Verified October 2026 from the official court source
$20,000Most you can claim
10 yearsTo sue over a contract
2 yearsTo sue over property damage
LegalCostCalculator Editorial Team Data sourced from official government websites  ·  Created  ·  Reviewed and verified

Before you file

$20,000 limit

West Virginia has a 10-year statute of limitations on written contracts — very plaintiff-friendly.

Extra defendants

Many courts charge extra for each added defendant or for certified-mail service.

Fee waiver

If you can't afford the fee, ask the clerk how to file without paying up front. The court decides. West Virginia fee waiver guide

Estimate your fee by claim amount

Small Claims Filing Fee Calculator

Enter your state and claim amount to see the official court filing fee.

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· Filing fee:
How to File
Small Claims Demand Letter Template
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A professionally written demand letter template that puts the other party on notice before you file. Courts expect a demand letter before you sue — and it gets you paid 40% of the time without ever stepping foot in a courtroom. Works in all 50 states.

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Frequently Asked Questions: West Virginia

How much does it cost to file a small claims case in West Virginia?
The small claims filing fee in West Virginia is $50–$70. The fee is tiered by claim amount — smaller claims cost less to file. Additional costs may include service of process and any applicable courthouse surcharges.
What is the small claims filing fee in West Virginia?
The fee to start a small claims case in West Virginia is $50–$70. This covers the court's cost for opening your case and docketing the claim. It does not include service of process, certified copies, or attorney fees.
Can I file small claims online in West Virginia?
E-filing availability varies by county in West Virginia. Contact your local Magistrate Court clerk to confirm whether online filing is available in your jurisdiction.
How do I waive the filing fee in West Virginia small claims?
If you cannot afford the $50–$70 filing fee, apply for an In Forma Pauperis (IFP) fee waiver from the court clerk when you file. Eligibility is income-based — most West Virginia courts use 125–200% of the federal poverty level as the threshold. See our West Virginia small claims fee waiver guide for the exact form and process.
What court handles small claims in West Virginia?
Small claims cases in West Virginia are handled by the Magistrate Court. Contact the clerk's office to confirm the filing location, current hours, and accepted payment methods before you go.

Also See for West Virginia

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Know the Fee. Now Prepare Your West Virginia Filing

LegalZoom helps you draft a demand letter and small claims filing documents, reviewed by attorneys. Most cases settle after a proper written demand.

A local attorney bills $300+/hour for this. LegalZoom does it flat-fee, online.

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