W. Va. Code §§ 55-3-1 to 55-3-6 § 55-3-3
Return day and service of summons; plea; issue and trial.
Operative Text
The summons may be returnable to, and the case heard and determined at, any term of such court. Such summons shall be made returnable not more than ninety days after its date and shall be served at least ten days before the return day thereof. If the defendant appear, he shall plead to the summons, and his plea shall be "not guilty." Upon this issue, or upon the return of the first or any subsequent summons "executed," if the defendant fail to plead, a jury shall be impaneled to try whether he unlawfully withholds the premises in controversy and to assess the damages, if any, which the plaintiff is entitled to recover for the detention thereof. Such cause shall have precedence for trial over all other civil causes on the docket.
West Virginia Code § 55-3-3 establishes the procedural timeline and trial mechanics for unlawful entry or detainer cases. A summons in such a case must be made returnable within ninety days of its issuance and must be served on the defendant at least ten days before the scheduled return date. If the defendant appears, the only available plea is 'not guilty,' and a jury then decides whether the defendant is unlawfully withholding the property and, if so, what damages the plaintiff may recover; these cases are given priority on the court's civil docket.
Plain English — not legal advice.
Under § 55-3-3, a landlord initiating an unlawful detainer action in West Virginia generally ensures that the summons is issued and served within the statutory windows — returnable within ninety days and served at least ten days before the return date. Compliant operators keep careful records of service dates and court scheduling to avoid procedural missteps that could delay resolution. Because these cases receive docket priority over other civil matters, landlords familiar with the process can expect relatively prompt scheduling once proper service is confirmed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 55-3-3 gives tenants who are served with an unlawful detainer summons the right to appear in court and enter a plea of 'not guilty,' triggering a jury trial on whether the premises are being unlawfully withheld. Tenants should be aware that the summons must have been served at least ten days before the return date — a procedural requirement whose satisfaction can be relevant to the proceedings. Tenants facing such actions may benefit from contacting a local tenant-rights organization or legal aid office to understand how the procedural rules under § 55-3-3 apply to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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