Wirt County, West Virginia: Where to File a Security Deposit Claim and What It Costs

Listed court is Wirt County Magistrate Court in Elizabeth. Check venue on the court's official page or with the clerk. Filing fee: set by the court; see its fee table. Claim limit varies by court. West Virginia return time: 60 calendar days or another period by condition. ACS two-bedroom rent: $386. Enter your dates below and send the dated letter first.

Court listed	Wirt County Magistrate Court
City	Elizabeth
Statewide filing fee	Current court fee schedule
Small claims limit	$20,000 (Magistrate Court civil (W. Va. Judiciary site; Nolo cites § 50-2-1 at $20,000; older sources still say $10,000) only)
State deposit return deadline	60 calendar days after termination of the tenancy. Applies when: default notice period under § 37-6A-1(7)(A); the period is the shorter of 60 days after termination or 45 days after a subsequent tenant occupies. 45 calendar days after occupation of the premises by a subsequent tenant. Applies when: alternative notice period under § 37-6A-1(7)(B); applies when this is shorter than 60 days after termination. 15 calendar days after additional period after the applicable notice period, when landlord gave timely written notice that third-party contractor damages exceed the deposit. Applies when: damages exceed security deposit and require third-party contractor; landlord must give the exceed-deposit notice within the applicable notice period first.
Time limit to sue	5 years
Deposit statute	W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5

Some counties have more than one small claims court, and venue rules differ by state; check which court hears your claim on the court's official page or with the clerk.

Details

Limits: $20,000 (Magistrate Court civil (W. Va. Judiciary site; Nolo cites § 50-2-1 at $20,000; older sources still say $10,000) only).

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Details of the return rules

West Virginia statutory deadlines
When it applies	Deadline	Starts from
default notice period under § 37-6A-1(7)(A); the period is the shorter of 60 days after termination or 45 days after a subsequent tenant occupies	60 days	after termination of the tenancy
alternative notice period under § 37-6A-1(7)(B); applies when this is shorter than 60 days after termination	45 days	after occupation of the premises by a subsequent tenant

West Virginia return rule: 60 calendar days (default notice period under § 37-6A-1(7)(A); the period is the shorter of 60 days after termination or 45 days after a subsequent tenant occupies). Check the dates you entered above.

Court listed for this county: Wirt County Magistrate Court. Check venue on the official court page or with the clerk.

Free dated DOCX by email. Print-ready state PDF kit: $29. Letter preparation and mailing: $49.

Who do you name in the claim?

Find and compare the legal names

Find and compare the legal names in these records:

The lease: the Landlord or Owner line and who signed.
The deposit receipt or the account your rent went to.
The owner of record in the property records of Wirt County.
The West Virginia business registry for an LLC or management company: its exact legal name and registered agent. West Virginia Secretary of State

A registered agent receives court papers for a company; it is not the defendant.

This page shows where the names are recorded; it does not decide who is legally liable.

What to bring to the clerk

Your lease.
Deposit receipt or payment record.
The demand letter and proof of delivery.
Move-out photos and an inventory or condition report.

Is it worth filing here?

Illustration: a deposit equal to one month's ACS median gross rent (U.S. Census Bureau, American Community Survey 2019-2023 5-Year Estimates) for a home in Wirt County. This is calculated from rent, not measured deposits. The statutory amount requires the rule's conditions.

Bedrooms

Bedrooms	Deposit owed	Statutory amount	Total illustration	Limit check
2	$386	$193	$579	Check the applicable limit and remedy
3	$840	$420	$1,260	Check the applicable limit and remedy

Source: U.S. Census Bureau, American Community Survey 2019-2023 5-Year Estimates, tables B25064, B25031, B25003, B25070; accessed 2026-09-21. Penalty rule.

How does Wirt County compare with other West Virginia counties?

The two-bedroom median gross rent is $386: rank 59 of 59 counties with this metric in U.S. Census Bureau, American Community Survey 2019-2023 5-Year Estimates. 13.7% of households rent in Wirt County.

Wirt County two-bedroom rent $386, rank 59 of 59 counties

Nearby counties in the two-bedroom rent ranking
County	Median gross rent
Pendleton County	$596
Braxton County	$592
Clay County	$587
Calhoun County	$569
Roane County	$558
Wirt County	$386

Ranking uses the same ACS metric and period within this state; ties share a rank. Coverage is 59 of 59 listed counties. Census source.

Places in Wirt County

Elizabeth

These are Census places in the county. Check the rental's address with the clerk to find the court.

U.S. Census Bureau, 2020 Census place-to-county relationship file

Free legal help

Legal Aid of West Virginia: Free civil legal services for eligible low-income West Virginians, including housing and eviction problems; statewide intake.
West Virginia Senior Legal Aid: Free legal services for West Virginians age 60 and older, including housing problems.

FAQ

How much does it cost to file in Wirt County?

The court sets the fee. Check the current schedule. Court page

Where do I file a deposit claim in Wirt County?

Wirt County Magistrate Court is listed. Some counties have more than one small claims court, and venue rules differ by state; check which court hears your claim on the court's official page or with the clerk. Court page

Who should I name in the claim?

Compare the legal names on the lease, deposit receipt, property records and business registry. A registered agent receives papers for a company; it is not the defendant.

What should I bring to the clerk?

Bring your lease, deposit receipt, demand letter, proof of delivery, photos and any move-out inventory.