Updated May 2026 West Virginia

West Virginia Small Claims Court Filing Fees (2026)

Exact filing fees for the Magistrate Court — enter your claim amount for a personalized estimate.

LegalCostCalculator Editorial Team Data sourced from official government websites · Last reviewed: May 2026

$30–$100

Filing Fee Range

$10,000

Court Limit

✗

E-Filing Available

Small Claims Filing Fee Calculator

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West Virginia Small Claims Filing Fees Explained

To file a small claims case in the Magistrate Court, you must pay a filing fee at the time you submit your paperwork. In West Virginia, filing fees are $30–$100 depending on the amount of your claim.

West Virginia Magistrate Courts handle small claims with relatively modest fees.

Tip

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

You can recover the filing fee

If you win your case, ask the judge to add the filing fee to your judgment. The defendant would then owe you the original claim plus court costs.

Fee waiver available

Can't afford the fee? Ask the court clerk for an In Forma Pauperis (IFP) application. West Virginia courts generally waive fees for low-income filers — bring proof of income.

Source: West Virginia official court website ↗

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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 $30–$100. 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 $30–$100. 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 $30–$100 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.