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
24 hours
Getting the other driver's insurance information from the officer
- From
- The crash the officer investigated
- Whose
- The investigating officer
Within 24 hours the investigating officer gives each party the other parties' insurance information on request.
5 days
Reporting a driver with no insurance
- From
- A crash or stop at which the officer finds no insurance in force
- Whose
- The officer
The officer notifies the Division of Motor Vehicles within five days that the vehicle had no insurance.
30 days
When a learner's permit runs out
- From
- The permit holder's eighteenth birthday
- Whose
- The permit holder
A level one instruction permit is valid until 30 days after the holder attains the age of 18, and cannot be renewed.
180 days
Holding a learner's permit before the intermediate license
- From
- The level one instruction permit being issued
- Whose
- The teen driver
A level two intermediate license needs the level one permit held conviction-free for the 180 days before applying.
12 months
Holding the intermediate license before a full license
- From
- The level two intermediate license being issued
- Whose
- The teen driver
A level three full license without further testing needs the level two license held conviction-free for the 12-month period before applying.
Being stopped4
10 days
Executing and returning a search warrant
- From
- The date of the search warrant
- Whose
- The officer
A search warrant may be executed and returned only within ten days after its date, and not after.
30 days
Answering a forfeiture petition
- From
- Service of the forfeiture petition
- Whose
- The owner or other claimant
A claimant who does not file an answer within thirty days of service has the property forfeited by order of the court.
90 days
Filing to forfeit seized property
- From
- The seizure of the property
- Whose
- The state
A petition for forfeiture is filed within ninety days after the seizure and served on the owner.
120 days
Appealing a forfeiture order
- From
- The final order of forfeiture
- Whose
- The claimant
An appeal from the final forfeiture order is filed within one hundred twenty days of it, or the order stands.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 →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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Charges and penalties3
5 days
A hearing for someone held on a misdemeanor bond
- From
- Being held on a misdemeanor for inability to meet a secured bond
- Whose
- The court
A person held on a misdemeanor because they cannot meet a secured bond gets a hearing on it within five days.
10 days
Paying a check returned for insufficient funds
- From
- The date of the notice of dishonor
- Whose
- The person who wrote the check
Paying the full amount plus a fee of not more than $25 within ten days of the notice ends any civil or criminal proceedings.
1 year
A death that makes a crash vehicular homicide
- From
- The injury from driving in reckless disregard for the safety of others
- Whose
- The state
A death within one year as the proximate result of the injury can be charged as vehicular homicide against the driver.
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.