# Deadline after which a notice to a governmental agency expires if no action is instituted · West Virginia — Deadlines to notify or sue a government body, by state

For Deadline after which a notice to a governmental agency expires if no action is instituted · West Virginia, requirement is Deadline after which a notice to a governmental agency expires if no action is instituted; state is West Virginia; deadline is 90 days; what must be done in that time is If 90 days elapse after service of notice required by subsection (a) of this section has been effected and action has not been instituted, then the notice shall be considered to have expired, and before an action may be instituted, the complaining party or parties must provide new notice as required by subsection (a) of this section; when the clock starts is after service of notice required by subsection (a) of this section has been effected, recorded from its source on 2026-08-27.

- **Requirement:** Deadline after which a notice to a governmental agency expires if no action is instituted _(our reading, not quoted from the source)_
- **State:** West Virginia _(verified: appears in the quote below)_
- **Deadline:** 90 days _(verified: appears in the quote below)_
- **What must be done in that time:** If 90 days elapse after service of notice required by subsection (a) of this section has been effected and action has not been instituted, then the notice shall be considered to have expired, and before an action may be instituted, the complaining party or parties must provide new notice as required by subsection (a) of this section _(verified: appears in the quote below)_
- **When the clock starts:** after service of notice required by subsection (a) of this section has been effected _(verified: appears in the quote below)_
- **If you miss it:** then the notice shall be considered to have expired _(verified: appears in the quote below)_

## What the source says

> (e) If 90 days elapse after service of notice required by subsection (a) of this section has been effected and action has not been instituted, then the notice shall be considered to have expired, and before an action may be instituted, the complaining party or parties must provide new notice as required by subsection (a) of this section which shall be accompanied by a second or subsequent notice fee of $250 to the attorney general and by a second or subsequent notice fee of $250 to the chief officer of the governmental agency: Provided, That no further tolling of any applicable statute of limitations shall occur during any second or subsequent notice.

## Source

- https://code.wvlegislature.gov/55-17-3/

Last verified: 2026-08-27. Review by: 2027-08-27.
Part of [Deadlines to notify or sue a government body, by state](https://referencesource.org/government-tort-claim-notice-deadlines-by-state/).