How long you have in West Virginia
Every kind of claim has its own window, counted from the day the clock started. Miss it and the court usually cannot hear the claim.
| Kind of claim | Agreement | Window | Counted from | Rule |
|---|---|---|---|---|
| Security Deposit | In writing | 10 years | the day the payment was missed or the agreement was broken | W. Va. Code §55-2-6 |
| Unpaid Invoice | In writing | 10 years | the day the payment was missed or the agreement was broken | W. Va. Code §55-2-6 |
| Unpaid Loan | In writing | 10 years | the day the payment was missed or the agreement was broken | W. Va. Code §55-2-6 |
| Contractor Dispute | In writing | 10 years | the day the payment was missed or the agreement was broken | W. Va. Code §55-2-6 |
| Auto Repair | In writing | 10 years | the day the payment was missed or the agreement was broken | W. Va. Code §55-2-6 |
| Other | In writing | 10 years | the day the payment was missed or the agreement was broken | W. Va. Code §55-2-6 |
| Security Deposit | Spoken or by conduct | 5 years | the day the payment was missed or the agreement was broken | W. Va. Code §55-2-6 |
| Unpaid Invoice | Spoken or by conduct | 5 years | the day the payment was missed or the agreement was broken | W. Va. Code §55-2-6 |
| Unpaid Loan | Spoken or by conduct | 5 years | the day the payment was missed or the agreement was broken | W. Va. Code §55-2-6 |
| Contractor Dispute | Spoken or by conduct | 5 years | the day the payment was missed or the agreement was broken | W. Va. Code §55-2-6 |
| Auto Repair | Spoken or by conduct | 5 years | the day the payment was missed or the agreement was broken | W. Va. Code §55-2-6 |
| Other | Spoken or by conduct | 5 years | the day the payment was missed or the agreement was broken | W. Va. Code §55-2-6 |
| Property Damage | Either | 2 years | the day the damage happened | W. Va. Code §55-2-12 |
| Sale of Goods | Either | 4 years | the day the payment was missed or the agreement was broken | W. Va. Code §46-2-725 |
Worked example
If the day the payment was missed or the agreement was broken was 2026-03-15, a window of 10 years runs out on 2036-03-15. That is the same arithmetic the check uses: calendar months, clamped to the end of the month, and no roll forward to the next court day.
More about West Virginia
Common questions
- How long do you have to bring a small claims claim in West Virginia?
- The shortest window is 2 years, counted from the day the damage happened, under W. Va. Code §55-2-12. Other kinds of claim run longer; the time-limit page lists each one.
- How long do you have on a property damage claim in West Virginia?
- 2 years, counted from the day the damage happened, under W. Va. Code §55-2-12.
- How long do you have on a sale of goods claim in West Virginia?
- 4 years, counted from the day the payment was missed or the agreement was broken, under W. Va. Code §46-2-725.
- How much can you claim in small claims court in West Virginia?
- An individual can claim up to $20,000. A business can claim up to $20,000. A public agency can claim up to $20,000. That comes from W. Va. Code §50-2-1.
Verify with your court
Numbers change, and a court can post its own variation. Open West Virginia's small claims page and confirm anything you are about to rely on.
Open the court's small claims pageVerified on 2026-09-05, sources:
Verified on 2026-09-05, sources: Rules effective from 2026-09-05.
- W. Va. Code §55-2-6 · effective 2026-09-05 · A claim based on a signed written agreement must be filed within ten years; a claim based on a spoken or other unwritten agreement must be filed within five years.
- W. Va. Code §55-2-12 · effective 2026-09-05 · A claim for damage to your property must be filed within two years.
- W. Va. Code §46-2-725 · effective 2026-09-05 · A claim about a sale of goods must be filed within four years of the breach.
FairSquare assembles documents and explains your court's rules. It is not a substitute for advice about your situation.