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West Virginia · Filing guide · Magistrate Court

How to file a small claims case in West Virginia, step by step

Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.

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Before you file

1–3 weeks before filing

West Virginia's magistrate court rules don't require a demand before filing.

Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.

In West Virginia you can sue for up to $20,000 in the Magistrate Court.

Run the 60-second case check to see the last day you can file.

  • Your full name, address and phone
  • The defendant's exact legal name and a street address where they can be served (not a P.O. box)
  • The amount you're asking for and how you got that number
  • The date the problem happened
  • A short plain description of what happened

Use the company's exact legal name and its registered agent's address.

Search: West Virginia Secretary of State business search.

  • The contract, lease, invoice or receipt
  • Photos of the damage, dated if possible
  • Texts, emails and letters with the other side
  • Two written repair estimates or proof of what you paid
  • Your demand letter and proof it was sent
  • Names and contact details of any witnesses

Fill in the claim

1–2 evenings

Civil Complaint: Magistrate Court Civil Complaint. Get the form.

  • Who: you and the defendant, with full legal names and addresses
  • What: the agreement or event, in 2–4 plain sentences
  • When: the date it happened
  • How much: the exact amount (no more than $20,000) and how you calculated it
  • What you did: when you asked for payment and their response

Sign the complaint; ask the clerk if any part must be sworn.

Bring the original plus one copy for each defendant and one for yourself.

File and pay

Filing day

Choose how you'll file:

OnlineNot availableMagistrate courts take civil complaints on paper, in person or by mail; e-filing in West Virginia covers the appellate courts.
In personTake your civil complaint to the magistrate court clerk in the right county and pay the filing and service fees.
By mailSome magistrate clerks accept complaints and payment by mail; call first to confirm the total.

The magistrate court clerk in the right county, usually where the defendant lives or where the problem happened. Give a street address, not a P.O. box.

The state fee law sets $30 for claims up to $500, $35 up to $1,000, $40 up to $2,000, and $50 above that. Other charges, including sheriff service, are added, so ask the magistrate clerk for your exact total. Can't afford it? Ask for a fee waiver: Fee waiver form from the magistrate clerk (with proof of income or benefits).

The clerk issues a summons and sends it with your complaint to the sheriff to deliver to the defendant.

Serve the defendant

Right after filing

The sheriff usually delivers the complaint and summons to the defendant. It can take a few days to a few weeks.

After being served, the defendant has 20 days to answer (30 days if served through an agent).

Sheriff's return of service

The sheriff files the return with the court after serving; you don't file a form yourself.

Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.

Before the hearing

1–4 weeks before

The defendant must file a written answer within 20 days of being served (30 if served through an agent) and can include a counterclaim.

If you settle, tell the clerk in writing and ask to dismiss the case.

Get any settlement in writing, signed by both sides, with the amount and payment date.

A witness who saw what happened is stronger than a written statement; some judges won't accept letters.

Ask the clerk to issue a subpoena; the sheriff or another adult who isn't a party can serve it.

  • Three copies of every document: for you, the judge and the defendant
  • A one-page timeline of what happened, with dates
  • A short sheet showing how you calculated the amount
  • Photos printed or ready on your phone (ask the clerk if screens are allowed)

The hearing

Hearing day

  • Decide within 20 days after the answer whether you want a jury
  • Arrive early and check in with the clerk
  • Bring three copies of every document and your evidence in date order
  • Bring your witnesses, or a subpoena if they won't come voluntarily
  • Turn your phone to silent; dress neatly

What to say, in about two minutes
  1. Who you are and what you're asking for: the amount.
  2. What the agreement or situation was.
  3. What went wrong, with dates.
  4. What it cost you and how you calculated it, showing your documents.
  5. That you asked for payment and what they said.

Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.

If the defendant doesn't answer in time, ask for a default judgment. If you miss the trial, your case can be dismissed.

After the judgment

Weeks to months

Either side can appeal to circuit court within 20 days. If there was no jury, the circuit judge holds a new trial; after a jury trial, the appeal is on the record. A bond is usually required.

The court doesn't collect for you. If they don't pay, you can ask for an execution against property or a suggestion (garnishment) of wages or bank accounts.

Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.

Free help in West Virginia

Legal Aid of West Virginia: Filing your own civil case

Ready to start? Check your case and create your demand letter.

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