West Virginia · Security deposit dispute

Security deposit dispute in West Virginia small claims

Landlord kept your deposit? Take it to small claims.

If your landlord did not return your security deposit, or kept part of it without a proper itemized reason, small claims court is the usual place to get it back. Most states require the landlord to return the deposit (or send an itemized list of deductions) within a set number of days after you move out. Because that specific deadline varies by state and is not a filing statute of limitations, verify it with your court or state housing agency before you rely on it.

In West Virginia, small-claims cases are heard in the Magistrate Court and you can sue for up to $20,000.

Security deposit dispute: steps that matter

  1. Document the unit's condition at move-out (photos, video, a signed walkthrough) and keep your lease and move-in records.
  2. Send the landlord a written demand for the deposit, with your forwarding address, and keep proof you sent it.
  3. Check your state's deposit-return rules (how many days the landlord had, and whether an itemized statement was required) with your court or state housing agency.
  4. If the deposit is not returned, file in small claims within the deadline below and bring your lease, photos, and demand letter.

Filing your Civil Complaint (Form SCA-M207) in West Virginia

  1. Complete the Civil Complaint (SCA-M207). Fill out the complaint completely, naming each defendant with a full name and physical address, the date the claim arose, the nature of the claim, and the relief requested.
  2. File with the magistrate clerk and pay costs. File with the magistrate clerk in the county where you are suing and pay the filing fee, court costs, and service fees up front. If you cannot afford them, file an affidavit of indigency.
  3. Choose and pay for a method of service. Pick how the defendant is notified: clerk certified mail ($20) or first-class mail ($5), sheriff service ($25 per defendant), or a private process server. You pay for the method you choose.
  4. Wait for the answer or seek default. The defendant generally has 20 days after service to answer (30 if served on an agent). If they do not, you may file for a default judgment 21 days after service (31 if served on an agent).
  5. Attend the trial. If the defendant disputes the claim, the court sets a trial; the parties may still settle. A jury trial can be requested in writing within 20 days of the answer.

Filing fees: Filing costs are statutory (W. Va. Code 50-3-1), collected in advance, and run $50 to $70 by claim amount, plus service fees (clerk certified mail $20, first-class $5, sheriff $25 per defendant). That table predates the 2025 increase of the limit to $20,000, so confirm the cost for larger claims with the clerk. A fee waiver is available via an affidavit of indigency.

Deadline that applies to your security deposit dispute

A security-deposit claim is generally treated as a contract claim (your lease), so the contract statute of limitations below is the usual outer deadline to sue. Many states ALSO set a separate, shorter deadline for the landlord to return or itemize the deposit — that landlord deadline is set by your state's landlord-tenant statute, not shown here, so confirm it with your court or state consumer/housing agency.

Written contract: 10 years (W. Va. Code § 55-2-6)

Answering a lawsuit: 20 days after service (30 days if service is accepted by an authorized agent or attorney-in-fact); 5 days in wrongful-occupation and unlawful entry and detainer cases.

Serving the defendant: You choose and pay for service: clerk certified mail (restricted delivery) $20, clerk first-class mail $5, sheriff $25 per defendant, or a private process server. Service may also be made on a family member 16 or older at the defendant's home. If service is not completed and you take no action within 6 months, the case is dismissed without prejudice.

Appeals: Either party may appeal to the circuit court as of right within 20 days of judgment; the appeal is a trial de novo. The magistrate clerk collects a bond and the circuit court fee, and the appeal stays enforcement. Use Form SCA-M111-1P (bench trial) or SCA-M110-1P (jury verdict).

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: West Virginia Judiciary: Magistrate Court Forms. Last reviewed 2026-06-24.