West Virginia Magistrate Court Fee Waiver: How to Apply

Who Qualifies for a Fee Waiver

Under W. Va. Code § 59-2-1, anyone who cannot afford to pay court filing fees and service costs can apply to proceed in forma pauperis — as a poor person, in legal terms. The Supreme Court of Appeals of West Virginia has set the eligibility benchmark at 150% of the federal poverty guidelines.

For 2026, apply the 150% benchmark to the current federal poverty guideline for your household size. The dollar thresholds change when the federal guidelines are updated.

The financial affidavit asks about income, assets, debts, and dependents. Submit complete information; the court decides the application under its fee-waiver guidelines.

How to Apply

You'll need to complete and submit a Financial Affidavit and Application form, available at the Magistrate Clerk's office or from courtswv.gov under fee waiver forms.

The affidavit asks for:

• Income sources — wages, Social Security, disability payments, DHHR benefits, child support, unemployment
• Assets — bank account balances, vehicle values, property ownership
• Monthly expenses — rent or mortgage, utilities, food, medical costs, transportation
• Outstanding debts — credit cards, medical bills, student loans, child support obligations
• Dependents — number and ages of people you support

Bring supporting documentation: recent pay stubs, benefit award letters (SSI, SNAP, TANF), bank statements, and any other proof of your financial situation. The clerk cannot tell you whether you'll qualify, but complete documentation speeds up the decision.

What Gets Waived

If your application is approved, the waiver covers all preliminary court costs:

• Filing fees ($50–$70)
• Sheriff personal service fees ($25–$30 per defendant)
• Secretary of State service charges ($25)
• Certified mail costs (~$20 per defendant)
• Newspaper publication fees if service by publication is needed

The waiver does not cover damages or the costs that might be assessed against you if you lose. It removes the financial barrier to getting into court, not the financial risk of litigation.

If Your Application Is Denied

Denial isn't the end. You receive a short grace period to pay the required fees before your complaint is dismissed. The denial doesn't prevent you from filing — it just means you need to pay the standard fees within the grace period.

If your financial situation changes (job loss, new medical bills), you can reapply with updated documentation.

Timing: Apply When You File

Submit your financial affidavit alongside your civil complaint and SCA-MI-400 information sheet. Applying at the same time avoids delays — the clerk processes everything together instead of holding your complaint while waiting for fee payment.

For a full walkthrough of the filing process including fee calculation and waiver application timing, the West Virginia Small Claims Filing Guide covers each step.

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