Court filing fees by state · West Virginia
West Virginia · before you file
Court filing fees in West Virginia
In West Virginia: Magistrate court: ≤$500 $30; ≤$1,000 $35; ≤$2,000 $40; over $2,000 $50, for claims up to $20,000. Service of the defendant is extra.
Fees at each court level
- Small claims (up to $20,000)
- Magistrate court: ≤$500 $30; ≤$1,000 $35; ≤$2,000 $40; over $2,000 $50
- Limited or county civil
- None: magistrate court, then circuit court
- General civil
- Circuit court civil action $200
| Claim up to | Small claims fee |
|---|---|
| $500 | $30 |
| $1,000 | $35 |
| $2,000 | $40 |
| $20,000 | $50 |
Who sets the fee
W. Va. Code §50-3-1 sets magistrate court costs and §59-1-11 the circuit court fee, statewide.
Sources and verification
- Schedule
- W. Va. Code §50-3-1 (Current (last amended 2005))
- Authority
- W. Va. Code §50-3-1, via code.wvlegislature.gov
- Last confirmed
- 2026-10-23, by re-reading the schedule
- Usually changes
- Legislature only
What this page does not include
Last reviewed: October 2026
- Service of process: a sheriff or constable fee per defendant, or certified mail through the clerk. See the service of process cost tool.
- Jury demands, motions, subpoenas, appeals and post-judgment filings, each with its own fee.
- Fee waivers. Every court has one for filers who cannot pay; the fee waiver checker covers the usual tests.
Informational only, not legal advice. Every figure is cited to the judiciary's schedule or the statute; confirm with the clerk before filing.
Also for West Virginia: post-judgment interest rate
Frequently asked questions
How much does it cost to file a small claims case in West Virginia?
Magistrate court: ≤$500 $30; ≤$1,000 $35; ≤$2,000 $40; over $2,000 $50, for claims up to $20,000. W. Va. Code §50-3-1 sets magistrate court costs and §59-1-11 the circuit court fee, statewide.
What does it cost to file a regular civil case in West Virginia?
None: magistrate court, then circuit court. Circuit court civil action $200.
Does the filing fee include serving the defendant?
Almost never. Service of process is a separate charge, a sheriff or constable fee per defendant or certified mail through the clerk, and it is not in the figures on this page. A jury demand, a motion or an appeal also carries its own fee.
Can the fee be waived?
Every state court system has a fee waiver for people who cannot afford the fee, usually by filing an affidavit of indigency or an application to proceed without payment with the clerk. The West Virginia schedule linked above is where the court publishes its form, and this site's fee-waiver eligibility checker explains the usual tests.
Related tools
See exactly what it costs to file a small claims case, by state — cited to your court's own fee schedule.
Open tool →Total Cost to Sue CalculatorThe full out-of-pocket cost to sue in small claims court — filing fee plus service of process, added together and cited to each court's own fee schedule.
Open tool →Small Claims Limit CheckerSee whether your claim qualifies for small claims court and what the dollar limit is, by state and by plaintiff type — individual or business.
Open tool →Fee Waiver Eligibility CheckerSee whether you qualify to have your small claims filing fee waived for financial hardship, by state — cited to each court's own fee-waiver rule.
Open tool →Service of Process Cost CalculatorSee what it costs to serve a defendant, by state and by method — sheriff, court-arranged mail, or certified mail — cited to each state's own fee schedule.
Open tool →Small Claims Court Costs by StateFiling fees, claim limits, and service costs for every covered state, side by side.
Compare states →