A Claim Against the Government
W. Va. Code § 55-17-3 — written notice to the agency and the Attorney General 30 days before suing
At least 30 days before suing a West Virginia governmental agency, the person bringing the claim gives the agency's chief officer and the Attorney General written notice of the claim and the relief wanted, by certified mail, return receipt requested.
Who handles this in West Virginia: legal aid programs, lawyer referral and the state offices, listed in the West Virginia directory.
The notice counts as given on the day it is mailed. Once it is given, any limitation period on the claim is paused for 30 days from that date, and, if the return receipt shows it was received, for 30 days from the date of the receipt.
The notice is not required in an action for an injunction where the court finds that waiting would have caused irreparable harm.
Which bodies are governmental agencies for this section, and the time to sue afterward, are questions for a licensed West Virginia attorney.
Sources for this section (1)
- W. Va. Code § 55-17-3 — Notice of claim against a state agency before suit
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.