Small Claims Court in West Virginia: Complete Guide

Quick Facts

• Court nameMagistrate Court
• Dollar limit$10,000
• Filing fee$30 to $75
• Lawyers allowedYes
• Appeals allowedYes
• Corporations can sueYes

Where to File

The magistrate court in the county where the defendant resides or where the cause of action arose.

How to File

File a civil complaint at the magistrate court clerk's office. Pay the filing fee. The court will issue a summons to be served on the defendant by the sheriff or certified mail.

Visit West Virginia court website

Tips for Your Case

• West Virginia uses magistrate courts for small claims.
• Lawyers are allowed and the procedures are relatively informal.
• Bring all evidence organized clearly with copies.
• Either party can appeal to the circuit court for a new trial.
• If you win, West Virginia allows garnishment to enforce judgments.

Related Resources

• Statute of limitations in West Virginia
• Free legal aid in West Virginia
• Tenant rights in West Virginia

Frequently Asked Questions

• What is the maximum amount I can sue for in West Virginia magistrate court?

  The maximum amount you can sue for in West Virginia magistrate court is $10,000.

• Do I need a lawyer for magistrate court in West Virginia?

  Lawyers are allowed but not required in West Virginia magistrate court.

• How much does it cost to file in West Virginia magistrate court?

  Filing fees range from $30 to $75.

• Can I appeal a magistrate court decision in West Virginia?

  Yes. Either party can appeal to the circuit court within 20 days for a trial de novo.

Sources

• West Virginia Courts: Magistrate Court