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EVERY DEADLINE

79 periods West Virginia law measures, gathered out of the file and put in order, shortest first. Each one says what starts it, whose period it is, and what the law attaches to it. The shortest here is 24 hours. The longest is 10 years.

Every period on this page is stated by a section of the file and carries that section's own authority. None of it is a calculation: a period that turns on facts, on service, or on a court's discretion is described the way the section describes it and no further.

79 deadlines

Traffic stops5

Being stopped4

Court and money48

  • 24 hours

    Reporting suspected child abuse

    From
    A mandated reporter first suspecting abuse or neglect
    Whose
    Teachers, doctors, coaches and other mandated reporters

    The report goes to the Department of Human Services immediately and not more than 24 hours after suspecting, and knowingly failing to report is a misdemeanor.

    What day is that? →The whole of it: Reporting Child Abuse →
    • W. Va. Code § 49-2-803
  • 3 days before

    Asking for time off to vote

    From
    Counted back from election day
    Whose
    The employee

    A written demand made at least three days before the election brings up to three hours off to vote without loss of pay.

    What day is that? →The whole of it: Time Off To Vote →
  • 4 business days

    Fixing an incomplete voter registration

    From
    The close of voter registration
    Whose
    The applicant

    An incomplete application turned in on time may be corrected within four business days after registration closes if the missing information is given.

    What day is that? →The whole of it: Registering To Vote →
    • W. Va. Code § 3-2-6
  • 5 days

    An answer to a public records request

    From
    The custodian receiving the request, not counting Saturdays, Sundays or legal holidays
    Whose
    The custodian of the records

    The custodian furnishes copies, sets a time to inspect, or denies the request in writing with the reasons, within a maximum of five days.

    What day is that? →The whole of it: Getting Public Records →
    • W. Va. Code § 29B-1-3
  • 5 business days before

    Notice of a state board's meeting

    From
    Counted back from the meeting of a state executive body
    Whose
    The governing body

    A state executive body files notice of each meeting so it appears on the Secretary of State's website at least five business days before.

    What day is that? →The whole of it: Open Meetings →
    • W. Va. Code § 6-9A-3
  • 120 hours

    Surviving long enough to inherit

    From
    The decedent's death
    Whose
    The heir

    An heir who does not survive the decedent by one hundred twenty hours is treated as having died first, and the heirs are counted without them.

    What day is that? →The whole of it: Dying Without A Will →
    • W. Va. Code § 42-1-3b
  • 5 days

    When a lender may send a notice of the right to cure

    From
    The missed scheduled payment
    Whose
    The lender

    Once a consumer has been in default for five days, the creditor may send written notice of the right to cure and the amount due.

    What day is that? →The whole of it: The Right To Cure →
    • W. Va. Code § 46A-2-106
  • 7 days

    When the opening days of a work injury are paid

    From
    The day the employee leaves work because of the injury
    Whose
    The insurer

    If the disability lasts longer than seven days, an award is allowed for the first three days of it as well.

    What day is that? →The whole of it: Hurt At Work →
  • 8 calendar days

    Appealing an unemployment decision

    From
    Notice of the deputy's decision being delivered or mailed
    Whose
    The claimant or the employer

    An appeal filed within eight calendar days gets a hearing before an appeal tribunal, and otherwise the deputy's decision is final.

    What day is that? →The whole of it: Unemployment After A Job Ends →
  • 10 days

    Answering a neighbor's fence notice

    From
    Service of the written notice to build or repair the partition fence
    Whose
    The neighbor served

    A neighbor who does not answer in writing within ten days is liable for a just share of the cost if they fail to do their part.

    What day is that? →The whole of it: The Fence Between Neighbors →
    • W. Va. Code § 19-17-7
  • 10 days

    Curing a default on a consumer loan

    From
    The notice of the right to cure being given
    Whose
    The borrower

    Until ten days after the notice, the creditor may not accelerate, sue or take the collateral, and paying the past due amount cures the default.

    What day is that? →The whole of it: The Right To Cure →
    • W. Va. Code § 46A-2-106
  • 10 days

    How long a temporary personal safety order lasts

    From
    Service of the temporary personal safety order
    Whose
    The magistrate court

    A temporary personal safety order is effective for not more than 10 days after service, while the final hearing is held.

    What day is that? →The whole of it: A Personal Safety Order →
  • 10 days before

    Notice of an unemployment appeal hearing

    From
    Counted back from the hearing date
    Whose
    The board

    The claimant, the last employer and the commissioner are notified of the hearing ten days in advance of the date set.

    What day is that? →The whole of it: Unemployment After A Job Ends →
  • 10 days before

    Publishing notice of a name change

    From
    Counted back from the hearing on the petition
    Whose
    The person asking for the change

    Notice of the time and place of the hearing is published as a Class I legal advertisement at least ten days before it.

    What day is that? →The whole of it: Changing A Name →
    • W. Va. Code § 48-25-101
  • 10 days

    The final hearing after an emergency protective order

    From
    The magistrate entering the emergency protective order
    Whose
    The family court

    The family court holds the final hearing not later than 10 days after the emergency order, and a petitioner who does not appear has the petition dismissed.

    What day is that? →The whole of it: A Protective Order →
    • W. Va. Code § 48-27-403
  • 15 days

    A creditor correcting its own error

    From
    The creditor or collector discovering an error affecting no more than two persons
    Whose
    The creditor or debt collector

    Notifying and correcting an error within fifteen days, before a suit or written notice, frees the creditor from the statutory penalty.

    What day is that? →The whole of it: Debt Collectors →
    • W. Va. Code § 46A-5-101
  • 19 days

    The longest gap between paydays

    From
    The previous payday
    Whose
    The employer

    Employees are paid at least twice every month, with no more than 19 days between paydays, unless a special agreement says otherwise.

    What day is that? →The whole of it: Getting Paid →
    • W. Va. Code § 21-5-3
  • 21 days before

    Registering to vote before an election

    From
    Counted back from election day, to the next day that is not a weekend or holiday
    Whose
    The voter

    Registration closes on the 21st day before the election, at 11:59 p.m. online or at the close of business at the clerk's office.

    What day is that? →The whole of it: Registering To Vote →
    • W. Va. Code § 3-2-6
  • 21 days

    The appeal tribunal's decision

    From
    The date of the appeal hearing
    Whose
    The appeal tribunal

    The appeal tribunal makes its decision within twenty-one days after the hearing and notifies the claimant and the last employer.

    What day is that? →The whole of it: Unemployment After A Job Ends →
  • 30 days

    A small estate affidavit by the named executor

    From
    The decedent's death
    Whose
    The executor named in the will

    A successor nominated as executor may file the small estate affidavit once at least 30 days have passed since the death.

    What day is that? →The whole of it: A Small Estate →
    • W. Va. Code § 44-1A-2
  • 30 working days

    Requalifying after quitting without the employer's fault

    From
    Returning to covered employment after the quit
    Whose
    The claimant

    A worker who quit without good cause involving the employer's fault is disqualified until employed in covered work at least 30 working days.

    What day is that? →The whole of it: Unemployment After A Job Ends →
  • 30 days

    Turning in a will after a death

    From
    The custodian learning of the testator's death
    Whose
    Whoever has the will

    The will goes to the county clerk or the named executor within thirty days, and neglect without reasonable cause is a misdemeanor.

    What day is that? →The whole of it: The Will After A Death →
    • W. Va. Code § 41-5-1
  • 60 school days

    A delayed sentence for school attendance

    From
    The parent's conviction and sentence
    Whose
    The parent

    The court may delay the sentence for 60 school days and suspend it if the child attends every school day of that period.

    Two dates and a comparison, so this one is not worked out for you.The whole of it: School Attendance →
    • W. Va. Code § 18-8-2
  • 60 days

    A small estate affidavit by anyone else

    From
    The decedent's death
    Whose
    An heir or other successor

    A successor not named as executor may file the small estate affidavit once at least 60 days have passed since the death.

    What day is that? →The whole of it: A Small Estate →
    • W. Va. Code § 44-1A-2
  • 90 days

    How long a training wage may be paid

    From
    The new employee being hired
    Whose
    The employer

    A subminimum training wage may be paid for a cumulative period of no more than ninety days per employee, and never past the age of twenty.

    What day is that? →The whole of it: Minimum Wage →
  • 90 days

    Renewing a protective order

    From
    The expiration of the original order, on a written request made before it
    Whose
    The family court

    On the petitioner's written request before the order expires, the family court extends it for an additional ninety-day period.

    What day is that? →The whole of it: A Protective Order →
    • W. Va. Code § 48-27-505
  • 90 days

    Suing after a right to sue letter

    From
    The commission giving the notice of a right to sue
    Whose
    The complainant

    A complainant may sue in the county where the respondent resides or does business within 90 days, or later if the limitations period has not run.

    What day is that? →The whole of it: Discrimination At Work →
  • 100 days

    Recording a contractor's lien

    From
    The completion of the contractor's work
    Whose
    The contractor

    A general contractor records a sworn notice of lien with the county clerk within one hundred days, or the lien is discharged.

    What day is that? →The whole of it: A Lien On The House →
    • W. Va. Code § 38-2-7
    • W. Va. Code § 38-2-8
  • 6 months

    Electing the spouse's share after probate

    From
    The probate of the decedent's will, where that runs later than nine months after the death
    Whose
    The surviving spouse

    A surviving spouse may file the elective share petition within six months after probate where that limitation expires later.

    What day is that? →The whole of it: The Spouse's Share →
  • 6 months

    Filing a workers' compensation claim

    From
    The injury or death
    Whose
    The injured worker or dependents

    An application filed later than six months after the injury is forever barred, apart from the occupational disease periods.

    What day is that? →The whole of it: Hurt At Work →
  • 9 months

    Electing the spouse's share

    From
    The decedent's death, or six months after probate of the will if that runs later
    Whose
    The surviving spouse

    The petition for the elective share is filed in court and given to the personal representative within the later of the two periods.

    What day is that? →The whole of it: The Spouse's Share →
  • 1 year

    Expunging a single misdemeanor

    From
    The conviction, the end of any jail term, or the end of supervision, whichever is later
    Whose
    The person convicted

    A person convicted of a misdemeanor may petition the circuit court to expunge it once one year has passed from the latest of those.

    What day is that? →The whole of it: Clearing A Record →
    • W. Va. Code § 61-11-26
  • 365 days

    Filing a discrimination complaint

    From
    The alleged act of discrimination
    Whose
    The person discriminated against

    A verified complaint to the Human Rights Commission must be filed within 365 days after the act it complains of.

    What day is that? →The whole of it: Discrimination At Work →
    • W. Va. Code § 16B-17-10
  • 1 year

    How long a wage garnishment reaches

    From
    The issuance of the suggestee execution
    Whose
    The judgment creditor

    The execution is a lien and continuing levy on wages due within one year after it issues, up to twenty percent of them.

    What day is that? →The whole of it: Wage Garnishment →
    • W. Va. Code § 38-5A-3
  • 1 year

    Living apart before a divorce on separation

    From
    The spouses beginning to live separate and apart without cohabitation
    Whose
    Either spouse

    A divorce may be ordered once the spouses have lived separate and apart without cohabitation and without interruption for one year.

    What day is that? →The whole of it: Getting Divorced →
  • 1 year before

    Living in the county before a name change

    From
    Counted back from filing the petition
    Whose
    The person asking for the change

    The petitioner affirms bona fide residence in the county for at least one year before filing the name change petition.

    What day is that? →The whole of it: Changing A Name →
    • W. Va. Code § 48-25-101
  • 1 year

    Reporting a new car's defect under the lemon law

    From
    The original delivery of the new vehicle, or the end of the warranty if later
    Whose
    The buyer

    A defect reported within the warranty or one year of delivery, whichever is longer, is repaired by the manufacturer even after the warranty ends.

    What day is that? →The whole of it: The Lemon Law →
    • W. Va. Code § 46A-6A-3
  • 1 year before

    Residence before filing for divorce, for a marriage from elsewhere

    From
    Counted back from filing, for a marriage entered into outside the state
    Whose
    One of the spouses

    Where the marriage took place elsewhere, one party's residence must continue uninterrupted through the one-year period before filing.

    What day is that? →The whole of it: Getting Divorced →
    • W. Va. Code § 48-5-105
  • 1 year

    Suing on a claim that would not survive a death

    From
    The right to bring the action accruing
    Whose
    The person with the claim

    An action on a matter that could not have been brought by or against a personal representative at common law is brought within one year.

    What day is that? →The whole of it: How Long To Sue →
  • 2 years

    Expunging more than one misdemeanor

    From
    The last conviction, or the end of the sentence or supervision for it, whichever is later
    Whose
    The person convicted

    Expungement of multiple misdemeanors becomes available two years after the latest of those for the last conviction.

    What day is that? →The whole of it: Clearing A Record →
    • W. Va. Code § 61-11-26
  • 2 years

    How long a final personal safety order lasts

    From
    The final personal safety order being entered
    Whose
    The magistrate court

    Relief in a final personal safety order lasts for the period the order states, which may not exceed two years.

    What day is that? →The whole of it: A Personal Safety Order →
  • 2 years

    Suing for a personal injury

    From
    The right to bring the action accruing
    Whose
    The injured person

    A personal action for damages for personal injuries is brought within two years after the right to bring it accrued.

    What day is that? →The whole of it: How Long To Sue →
  • 2 years

    Suing for damage to property

    From
    The right to bring the action accruing
    Whose
    The owner of the property

    A personal action for damage to property is brought within two years after the right to bring it accrued.

    What day is that? →The whole of it: How Long To Sue →
  • 3 years

    Filing an occupational pneumoconiosis claim

    From
    The last day of exposure, or a physician making a diagnosed impairment known to the worker
    Whose
    The worker

    A claim for occupational pneumoconiosis filed later than three years after the exposure or the diagnosis is forever barred.

    What day is that? →The whole of it: Hurt At Work →
  • 3 years

    The authorized successor's liability to heirs

    From
    The clerk issuing the certificate and authorization of small estate
    Whose
    The authorized successor

    The authorized successor answers to the rightful heirs for any breach of fiduciary duty in handling the small assets for three years.

    What day is that? →The whole of it: A Small Estate →
    • W. Va. Code § 44-1A-3
  • 5 years

    Expunging a nonviolent felony

    From
    The conviction, the end of any incarceration, or the end of supervision, whichever is later
    Whose
    The person convicted

    A nonviolent felony may be expunged on petition five years after the latest of those, unless the offense is one the section excludes.

    What day is that? →The whole of it: Clearing A Record →
    • W. Va. Code § 61-11-26
  • 5 years

    Suing on a contract not in writing

    From
    The right to bring the action accruing
    Whose
    The party owed money

    An action to recover money on a contract that is not in writing, express or implied, is brought within five years.

    What day is that? →The whole of it: How Long To Sue →
    • W. Va. Code § 55-2-6
  • 10 years

    Suing on a signed written contract

    From
    The right to bring the action accruing
    Whose
    The party owed money

    An action to recover money on a contract in writing, signed by the party to be charged, is brought within ten years.

    What day is that? →The whole of it: How Long To Sue →
    • W. Va. Code § 55-2-6

Your home19

  • 72 hours

    Seeing the record of deposit deductions

    From
    The tenant's written request
    Whose
    The landlord

    The landlord lets the tenant inspect the deduction record, or gives a copy, during business hours within seventy-two hours of the request.

    What day is that? →The whole of it: Getting The Deposit Back →
  • 5 days

    Filing a written defense to an eviction petition

    From
    The tenant's receipt of the notice of hearing
    Whose
    The tenant

    Any written defense may be filed and served on the landlord within five days, and a tenant with no answer by the hearing loses possession.

    What day is that? →The whole of it: Being Evicted →
    • W. Va. Code § 55-3A-1
    • W. Va. Code § 55-3A-3
  • 10 court days

    The eviction hearing

    From
    The landlord filing the petition, and not less than five judicial days after it
    Whose
    The court

    The hearing on a petition for possession is set not less than five nor more than 10 judicial days after the petition is filed.

    What day is that? →The whole of it: Being Evicted →
    • W. Va. Code § 55-3A-1
  • 15 days

    Itemizing repairs that cost more than the deposit

    From
    The landlord's written notice, within the notice period, that the damage exceeds the deposit
    Whose
    The landlord

    A landlord who gave notice in time has an additional fifteen day period to itemize the damage and the cost of the contractor's repair.

  • 30 days

    Belongings left after an eviction order

    From
    The date and time the court ordered the tenant to vacate
    Whose
    The tenant

    Belongings stored or left on the property may be disposed of after thirty days if the costs are unpaid and the tenant has not taken them.

    What day is that? →The whole of it: Things Left Behind →
    • W. Va. Code § 55-3A-3
  • 30 days

    Extra storage for belongings worth over $300

    From
    The end of the first thirty days, once the tenant says they will remove property worth more than $300
    Whose
    The landlord

    The landlord stores belongings worth more than $300 up to thirty additional days for a tenant who says they will remove them and pays the costs.

    What day is that? →The whole of it: Things Left Behind →
    • W. Va. Code § 55-3A-3
  • 1 month

    Paying rent after a notice of abandonment

    From
    The landlord posting the written notice on the property
    Whose
    The tenant

    If the rent is not paid within one month of the posted notice, the landlord is entitled to possession and the tenancy ends.

    What day is that? →The whole of it: Things Left Behind →
    • W. Va. Code § 37-6-6
  • 30 days

    Removing belongings after a notice of abandonment

    From
    The mailing of the written notice, marked Please Forward
    Whose
    The tenant

    Belongings not removed by the date in the notice, at least thirty days after mailing, are forfeited and become the landlord's.

    What day is that? →The whole of it: Things Left Behind →
    • W. Va. Code § 37-6-6
  • 45 days

    The deposit once a new tenant moves in

    From
    A new tenant occupying the unit
    Whose
    The landlord

    Where it is shorter than the sixty days, the deposit and itemization are due within 45 days of the new tenant's occupation.

    What day is that? →The whole of it: Getting The Deposit Back →
  • 2 months

    A lease ended after the tenant's death

    From
    The heir's notice being hand delivered or postmarked, to the last day of that calendar month
    Whose
    The heir or personal representative

    The lease ends on the last day of the calendar month two months after the notice, and the estate owes rent through it.

    What day is that? →The whole of it: A Lease After A Death →
    • W. Va. Code § 37-6-11
  • 60 days

    Getting the security deposit back

    From
    The end of the tenancy
    Whose
    The landlord

    The deposit, minus deductions, comes back with a written itemization within 60 days, or sooner if a new tenant moves in.

    What day is that? →The whole of it: Getting The Deposit Back →
  • 60 days

    Removing belongings while on active duty

    From
    The mailing of the notice, where the tenant told the landlord of active duty in the Armed Forces
    Whose
    The tenant

    A tenant on active duty who told the landlord gets a date at least sixty days after mailing to remove the belongings.

    What day is that? →The whole of it: Things Left Behind →
    • W. Va. Code § 37-6-6
  • 3 months before

    Ending a year to year tenancy

    From
    Counted back from the end of the year of the tenancy
    Whose
    Either the landlord or the tenant

    Written notice given at least three months before the end of a year ends a tenancy from year to year at that point.

    What day is that? →The whole of it: Notice To End A Tenancy →
  • 3 months before

    Notice to end a mobile home lot tenancy

    From
    Counted back from the termination date the notice names
    Whose
    The park or the tenant

    A lot tenancy that may be ended is ended only by written notice at least three months before the termination date.

    What day is that? →The whole of it: A Mobile Home Lot →
  • 6 months

    Holding a deposit the mail could not deliver

    From
    The deposit or notice coming back as undeliverable
    Whose
    The landlord

    The landlord holds the returned deposit or notice for six months, for the tenant or their agent to collect on written request.

  • 12 months

    Good cause to end a lot tenancy for a single section home

    From
    The home being placed on the site
    Whose
    The park

    A lot with a single section home may not be terminated except for good cause until twelve months after the home is placed.

    What day is that? →The whole of it: A Mobile Home Lot →
  • 1 year

    Keeping the record of deposit deductions

    From
    The end of the tenancy
    Whose
    The landlord

    The landlord keeps an itemized record of every deduction from the deposit for one year after the tenancy ends.

    What day is that? →The whole of it: Getting The Deposit Back →
  • 3 years

    Suing over being forcibly turned out

    From
    The forcible or unlawful entry, or the unlawful detainer
    Whose
    The person turned out

    A person forcibly or unlawfully turned out of possession may sue for the premises and damages within three years.

    What day is that? →The whole of it: Locked Out By The Landlord →
    • W. Va. Code § 55-3-1
  • 5 years

    Good cause to end a lot tenancy for a multi-section home

    From
    The home being placed on the site
    Whose
    The park

    A lot with a home of two or more sections may not be terminated except for good cause until five years after it is placed.

    What day is that? →The whole of it: A Mobile Home Lot →

Charges and penalties3

MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed West Virginia attorney.