West Virginia Eviction Process and Court Timeline

Short answer. Cases go to the Magistrate Court (or Circuit Court). A written defense is due within five days of receiving the notice. Who carries out a lockout: sheriff.

At a glance

Court: Magistrate Court (or Circuit Court). The magistrate court or the circuit court of the county where the property is.
"apply for relief to the magistrate court or the circuit court of the county in which the property is located."
Source 1
Hearing after filing: The hearing is 5 to 10 judicial days after the petition is filed.
"may not be less than five nor more than 10 judicial days following the filing of the petition."
Source 1
Time to answer or appear: A written defense is due within five days of receiving the notice.
"within five days of the receipt by the tenant of the notice"
Source 1
Who carries out the lockout: Sheriff. The sheriff removes a tenant who stays past the time in the court's order.
"the sheriff shall forthwith remove the tenant"
Source 1
Right to counsel (statewide): No statewide right to counsel for tenants in eviction cases (as of November 2026, per the National Coalition for a Civil Right to Counsel): its tracker of enacted laws lists no statewide law here.
"An eviction right to counsel is created by an enacted law that, at a minimum:"
Source 2, National Coalition for a Civil Right to Counsel (secondary source)

Sample timeline: filed Monday, December 7, 2026

Earliest under the statute; courts' calendars often take longer.

Need the other side served? Process serving with an affidavit of service.

Answer due (if served the day of filing): Saturday, December 12, 2026
Hearing or trial: Monday, December 14, 2026
Judgment: Monday, December 14, 2026
Writ or warrant of possession: no date (Not confirmed on an official page)
Earliest lockout: no date (Not confirmed on an official page)

Another date: open the estimator.

Want us to handle it?

A runner files your papers in person at the clerk's window and sends you a scan of the stamped copy. We file what you prepared; we don't give legal advice.

Price: Outside New Jersey it goes through our contractor network: quote-based, confirmed before any work starts, and booked once a local contractor accepts. In New Jersey it is from $75 per filing, court fees at cost. Starting rates. Your exact price is quoted after we confirm a local notary/runner, before you pay.

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Worth knowing

The court order sets the move-out time, weighing things like whether the place is furnished and the harm to each side.

Not stated on the pages we read: filing fee, judgment to writ, writ to lockout, paying to stop the case, diversion or mediation (statewide).

Sources

Sourced from official pages; a few facts from vetted secondary sources, marked "(secondary source)".

General information, not legal advice; we are not lawyers. Not a court form. Earliest under the statute; courts' calendars often take longer.

Common questions

Which court hears eviction cases in West Virginia?

Magistrate Court (or Circuit Court). The magistrate court or the circuit court of the county where the property is.

How long does a tenant in West Virginia have to respond?

A written defense is due within five days of receiving the notice.

How soon after filing is the West Virginia hearing?

The hearing is 5 to 10 judicial days after the petition is filed. That's the statute's window; the court's own calendar decides the actual date.

Who carries out an eviction in West Virginia?

Sheriff. The sheriff removes a tenant who stays past the time in the court's order. The officer acts on the court's order.

Anything else to know about West Virginia evictions?