Late Fees on Invoices in West Virginia
What West Virginia contractors and small businesses need to know about charging late fees, interest rates, prompt payment laws, and mechanics lien deadlines.
Max Interest Rate
6% per annum (default legal rate); 8% maximum on consumer contracts
Small Claims Limit
$10,000
Magistrate Court
Mechanics Lien Deadline
60 days from completion for GCs
West Virginia Prompt Payment Act
West Virginia Prompt Payment Act, W. Va. Code § 21-11-9 et seq.
West Virginia requires payment within 30 days on public construction. Private construction follows contract terms with mechanics lien enforcement under W. Va. Code § 38-2-1.
Late fee rules for West Virginia invoices
West Virginia has relatively low default interest rates. Including a specific late fee clause in construction contracts is especially important.
West Virginia's default legal interest rate is 6% per annum. Consumer transactions are limited to 8%. Commercial contracts have more flexibility.
Important disclaimer
This page provides general information about West Virginia late fee rules. It is not legal advice. Laws change, and your specific situation may have unique factors. For disputes involving significant amounts, consult a licensed attorney in West Virginia.
Demand letters and mechanics liens in West Virginia
West Virginia does not require a demand letter, but written notice to the owner is recommended. Subcontractors must give notice to the owner within 60 days.
Mechanics lien deadline: 60 days from completion for GCs. Subcontractors must file within 60 days of the completion of their specific work.
Sample late fee clause for West Virginia invoices
“Payment is due within the terms specified above. A late fee of 1.5% per month (6% per annum (default legal rate); 8% maximum on consumer contracts maximum per West Virginia law) will be applied to all balances remaining unpaid after the due date. Pursuant to West Virginia Code § 38-2-1 et seq. (Mechanics' Liens), the undersigned reserves all rights to pursue collection including but not limited to mechanics lien filing, small claims action (up to $10,000 in Magistrate Court), and referral to collections.”
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Start Free TrialFrequently asked questions — West Virginia
What is the maximum late fee I can charge on an invoice in West Virginia?▾
In West Virginia, West Virginia's default legal interest rate is 6% per annum. Consumer transactions are limited to 8%. Commercial contracts have more flexibility. Always disclose late fee terms in your contract or invoice before work begins.
Does West Virginia have a prompt payment act?▾
Yes. West Virginia requires payment within 30 days on public construction. Private construction follows contract terms with mechanics lien enforcement under W. Va. Code § 38-2-1.
What is the small claims court limit in West Virginia?▾
The small claims court limit in West Virginia is $10,000. Claims are filed in Magistrate Court. You generally do not need an attorney for small claims.
How long do I have to file a mechanics lien in West Virginia?▾
In West Virginia, 60 days from completion for GCs. Subcontractors must file within 60 days of the completion of their specific work.
Do I need to send a demand letter before filing a lien in West Virginia?▾
West Virginia does not require a demand letter, but written notice to the owner is recommended. Subcontractors must give notice to the owner within 60 days.