The cost of an eviction in Washington D.C. for all filing, court, and service fees can vary based on the court’s venue and service fees. For cases filed in Magistrate Court,[ttip number=’1′ icon=’popover-balance’] the average cost is $80. For cases filed in Circuit Court, [ttip number=’1′ icon=’popover-balance’] the average cost is $250.
| Fee | Magistrate | Circuit |
| Initial Court Filing | $30+ | $200 |
| Summons Service | ~$25 | ~$25 |
| Writ of Possession Service | $25 | $25 |
| Notice of Appeal Filing (Optional) | $200 | $200 |
These filing, court, and service fees do not include outside costs such as legal fees or post-eviction fees (i.e., locksmith fees, storage costs for a tenant’s abandoned property, cleaning service fees, repair costs, or advertising costs for a vacant dwelling unit).
1. Initial Court Filing Fee
In West Virginia, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Wrongful Occupation“) with the court the following business day.
The filing fee for an initial Wrongful Occupation in Magistrate Court depends on the amount of damages the landlord is seeking in the Complaint, the initial filing fee are as follows: [ttip number=’2′ icon=’popover-balance’]
- If the claim is for $500 or less, the filing fee is $30.
- If the claim is more than $500 but no more than $1,000, the filing fee is $35.
- If the claim is more than $1,000 but no more than $2,000, the filing fee is $40.
- If the claim is more than $2,000, the filing fee is $50.
The filing fee for an initial Wrongful Occupation in Circuit Court is $200 [ttip number=’3′ icon=’popover-balance’] (regardless of the claim amount).
2. Summons Service Fee
Once a Complaint is filed in West Virginia, the court will issue a Summons. The Summons is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when and where to appear in court). The landlord must arrange for a process server to deliver the Summons to the tenant.
The Summons service fee varies by process server. For example, a sheriff can charge $25 [ttip number=’4′ icon=’popover-balance’] for delivering a Summons; however, a registered private process server may charge more.
3. Writ of Possession Service Fee
In West Virginia, if the court rules in favor of the landlord, the court shall issue a Writ of Possession upon the landlord’s request. The writ is the tenant’s final notice to vacate the premises.
A West Virginia sheriff must serve the Writ of Possession to the tenant. They can charge a service fee of $25. [ttip number=’5′ icon=’popover-balance’]
If the tenant remains at the property after the writ has expired, the sheriff shall return and execute the writ by forcibly removing the tenant. Once the writ is executed, the sheriff shall legally return the possession of the property to the landlord.
4. Notice of Appeal Filing Fee
If either party chooses to file an Appeal, they may do so as long as the Notice of Appeal is filed within 20 calendar days of the judgment. If the eviction was originally filed in the Magistrate Court, the Appeal will be transferred and heard in Circuit Court. The filing fee is $200. [ttip number=’6′ icon=’popover-balance’]
Sources
- 1 WV Code § 55-3A-1 (2021)
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(a) A person desiring to remove a tenant from residential rental property may apply for such relief to the magistrate court or the circuit court of the county in which such property is located, by verified petition….
- 2 WV Code §50-3-1 (2021)
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For filing and trying any civil action and for all services connected therewith, but excluding services regarding enforcement of judgment, the following amounts dependent upon the amount of damages sought in the complaint:
Where the action is for $500 or less $30.00
Where the action is for more than $500 but not more than $1,000 $35.00
Where the action is for more than $1,000 but not more than $2,000$ 40.00
Where the action is for more than $2,000 $50.00
- 3 WV Code §59-1-11 (2021)
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(1) Except as provided in §59-1-11(a)(2) and §59-1-11(a)(3) of this code, for instituting any civil action under the Rules of Civil Procedure, any statutory summary proceeding, any extraordinary remedy, the docketing of civil appeals or removals of civil cases from magistrate court, or any other action, cause, suit or proceeding, $200, of which $30 shall be deposited in the Courthouse Facilities Improvement Fund created by §29-26-6 of this code and $45 shall be deposited in the special revenue account designated the Fund for Civil Legal Services for Low Income Persons, established by §59-1-10(c)(4)(B) of this code, and $20 deposited in the special revenue account created in §48-26-603 of this code to provide legal services for domestic violence victims;
- 4 WV Code §59-1-14 (2021)
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For serving on any person an order, notice, summons or other process where the body is not taken, except a subpoena served on a witness, and making return thereof $25.00
- 5 WV Code §59-1-14 (2021)
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…For serving a writ of possession 25.00
- 6 WV Code §59-1-11 (2021)
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…or instituting any civil action under the Rules of Civil Procedure, any statutory summary proceeding, any extraordinary remedy, the docketing of civil appeals or removals of civil cases from magistrate court, or any other action, cause, suit or proceeding, $200, of which $30 shall be deposited in the Courthouse Facilities Improvement Fund created by §29-26-6 of this code and $45 shall be deposited in the special revenue account designated the Fund for Civil Legal Services for Low Income Persons, established by §59-1-10(c)(4)(B) of this code, and $20 deposited in the special revenue account created in §48-26-603 of this code to provide legal services for domestic violence victims;
