(b) The fee for service of notice of an action under this section charged to the plaintiff may not exceed:
(1) Twenty dollars if the notice is delivered in person; or
(2) The cost of postage if the service is by registered or certified mail.
(c) A plaintiff who is unable to pay the filing fee and fee for service of notice may file with the court an affidavit of inability to pay.
(d) Since the fee imposed under subsection (a) of this section is less than the filing fee the court imposes for filing other similar actions, if the plaintiff prevails in the action, the court may order a defendant to pay to the court the differences between the fee paid under subsection (a) and the filing fee the court imposes for filing other similar actions.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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