West Virginia Mechanics Lien Laws

100 days from last work or delivery. Must commence enforcement action within 1 year of filing.

Step-by-step guide for West Virginia

1. 1

   Confirm your lien rights

   Verify you hold a valid contract, are properly licensed (if West Virginia requires it), and that the work was on private property. Public projects require a payment bond claim, not a lien.

2. 2

   Preliminary notice (not required in this state)

   West Virginia does not require a preliminary pre-lien notice for most claimants, though some project types may have additional requirements. Sending a courtesy notice is still good practice.

3. 3

   Track your deadline from last day of work

   Your lien must be recorded within 100 days of your last furnishing of labor or materials. Mark the calendar the day you finish work — this clock does not stop.

4. 4

   Prepare the lien document

   Your lien claim must include: claimant name and address, property owner name, property description (legal description or address), amount claimed, description of labor/materials, and dates of first and last furnishing.

5. 5

   Notarization (not required in this state)

   West Virginia does not require notarization.

6. 6

   File with the County Clerk

   Record your lien with the County Clerk in the county where the property is located. Filing fee is typically $10–$25. Request a file-stamped copy for your records.

7. 7

   Serve a copy on the property owner

   Most states require you to mail or personally serve a copy of the filed lien on the property owner within a short window of recording. Check West Virginia rules for exact timing and method of service.

8. 8

   Enforce by month 12

   If the debt remains unpaid, you must file a lawsuit to foreclose on the lien within 12 months of recording. If you miss this deadline, the lien expires and the cloud on title is removed without payment.