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Small Claims Guide

Small claims in West Virginia.

West Virginia's Magistrate Courts handle small claims up to $10,000 with streamlined procedures for quick resolutions.

$10,000Most you can sue for
$30–$50Filing fee
30–90 daysTypical timeline
See what you can sue forCalculate my filing fee
  • Most you can sue for$10,000Same cap for individuals and businesses
  • Filing fee$30-$50Varies by claim amount
  • CourtMagistrate Court
  • Lawyers at trialAllowedPermitted but not required
  • Appeal window20 daysTrial de novo in Circuit Court
  • Recent change—No major changes in the last 3 years
What you can sue for

Find your situation.

West Virginia small claims handles money disputes up to $10,000 (or $10,000 if you're a business). Browse 7 categories and 39 specific claim types below.

West Virginia allows you to file claims up to $10,000 for disputes involving contracts and money owed. The statute of limitations varies depending on the type of contract.

Wrong court for these10 situations small claims can’t handle

  • Title to real estate

    Magistrate Courts do not have jurisdiction over cases involving the title to real estate.

    Try instead: Circuit Court

  • Defamation (slander/libel)

    Defamation cases are excluded from Magistrate Court jurisdiction.

    Try instead: Circuit Court

  • Malicious prosecution

    Magistrate Courts do not handle cases involving malicious prosecution.

    Try instead: Circuit Court

  • Eminent domain

    Cases involving eminent domain are outside the jurisdiction of Magistrate Courts.

    Try instead: Circuit Court

  • Family law matters

    Divorce, child custody, and other family law matters are not handled in Magistrate Court.

    Try instead: Family Court

  • Probate matters

    Magistrate Courts do not have jurisdiction over probate matters.

    Try instead: County Probate Court

  • Claims against the federal government

    Claims against the federal government are not within the jurisdiction of state courts.

    Try instead: Federal Court

  • Workers' compensation claims

    Workers' compensation claims are handled by the Workers' Compensation Board, not Magistrate Courts.

    Try instead: Workers' Compensation Board

  • Class actions

    Magistrate Courts do not handle class action lawsuits.

    Try instead: Circuit Court

  • Injunctions and specific performance

    Magistrate Courts cannot grant injunctions or order specific performance.

    Try instead: Circuit Court

The process

From owed to paid in 6 steps.

1

Send a demand letter

Not required, but always do it. While not required, sending a demand letter can often resolve disputes without court intervention.

2

Check your deadline

Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.

Did you miss your deadline?

Pick the type of dispute and tell us when it happened. We'll tell you when the West Virginia deadline runs out.

The discovery rule applies to fraud claims, starting the clock when the fraud is discovered.

3

File your case

File at the Magistrate Court. Most cases go in the county where the defendant lives or where the dispute happened.

How much will it cost to file?

Enter what you're owed. We'll calculate the West Virginia filing fee and tell you if you're under the cap.

If you win, filing fees and reasonable service costs are added to the judgment.

E-filing in West Virginia: E-filing availability varies by county; check with the local Magistrate Court for options.

4

Serve the defendant

The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 20 days before the hearing (in the same county) or 30 days (out of county). You can’t hand them the papers yourself.

Allowed methods

  • Sheriff personal service. Sheriff or constable personally hands the papers to the defendant.
  • Certified mail by clerk. Clerk sends the documents via certified mail to the defendant.
  • Private process server. A private individual authorized to serve legal documents delivers the papers to the defendant.

File the proof of service (SCA-M207) at least 5 days before the hearing.

What if you can’t find the defendant?

If the defendant cannot be located, service by publication may be permitted with court approval.

If the defendant is evading service, document attempts and seek court permission for alternative methods.

5

Show up to the hearing

Bench trial with informal procedures; each party presents their case, and the magistrate makes a decision.

Lawyers at trial: Allowed. Parties may represent themselves or be represented by an attorney.

When you’ll get the decision: On the spot or mailed within a few weeks

What to bring

  • Originals of any contracts
  • Receipts and bank records
  • Photos and videos
  • Names and contact info for witnesses
If the defendant doesn’t show up

If the defendant fails to respond or appear, the court may grant a default judgment in favor of the plaintiff.

You still have to prove your case. Even in default cases, the plaintiff must provide evidence to support the claim amount.

If you’re the defendant being sued

The defendant must file a written answer within 20 days of service; failure to do so may result in a default judgment.

Counter-suing the plaintiff: Allowed using SCA-M225 (Counterclaim). Serve the plaintiff at least 20 days before trial (same county) or 30 days (out of county).

6

If you win, collect

This is where most people stop and lose. The court doesn’t collect for you. The loser has 10 days to pay. Judgments accrue 4% interest per year while unpaid.

  • Wage garnishment

    Have a portion of the debtor's wages withheld until the judgment is paid.

    How it works

    File a writ of garnishment with the court, serve the employer, and the employer withholds a portion of the debtor's wages to satisfy the judgment.

    Cost: $25 plus service fees

    Notes: Effective if the debtor is employed and earns above the exemption threshold.

    What’s protected:

    • 75% of disposable earnings

  • Bank levy

    Seize funds from the debtor's bank account to satisfy the judgment.

    How it works

    Obtain a writ of execution from the court, serve it on the bank, and the bank freezes and turns over funds to satisfy the judgment.

    Cost: $25 plus service fees

    Notes: Effective if the debtor has sufficient funds in the account; some funds may be exempt.

    What’s protected:

    • Social Security benefits
    • Certain retirement accounts

  • Property lien

    Place a lien on the debtor's real property to secure the judgment amount.

    How it works

    File the judgment with the county clerk to create a lien on the debtor's property; the lien must be satisfied before the property can be sold or refinanced.

    Cost: $10 recording fee

    Notes: Effective if the debtor owns real property; may take time to realize payment.

    What’s protected:

    • Homestead exemption up to $25,000

  • Writ of execution

    Seize and sell the debtor's non-exempt personal property to satisfy the judgment.

    How it works

    Obtain a writ of execution from the court, the sheriff seizes non-exempt property, sells it at auction, and applies proceeds to the judgment.

    Cost: $25 plus sheriff's fees

    Notes: Effective if the debtor owns valuable non-exempt personal property.

    What’s protected:

    • Household goods up to $1,000
    • Tools of trade up to $1,500
Multiple creditors? Priority rules.

Priority among creditors is generally determined by the order in which liens are filed.

Appeals

Can you appeal if you lose?

either

  • Deadline: 20 days from the judgment notice.
  • Filing fee: $200.
  • Form: SCA-M207 — Notice of Appeal.
  • Type: Trial de novo — the case is heard fresh in the higher court.

The Circuit Court conducts a new trial as if the Magistrate Court trial had not occurred.

Filing the appeal automatically pauses any collection efforts until the appeal is resolved.

Don’t make these mistakes

Why cases get dismissed.

  • Incorrect defendant information

    What goes wrong: Suing the wrong party or using incorrect names can result in dismissal or unenforceable judgments.

    How to avoid it: Verify the exact legal name and address of the defendant before filing; for businesses, check with the Secretary of State.

  • Missing statute of limitations

    What goes wrong: Filing after the statute of limitations expires leads to automatic dismissal.

    How to avoid it: Confirm the applicable statute of limitations for your claim type before filing.

  • Improper service of process

    What goes wrong: Failure to serve the defendant correctly can delay the case or result in dismissal.

    How to avoid it: Follow the court's rules for service of process precisely; consider using the sheriff's office for service.

  • Insufficient evidence

    What goes wrong: Lack of evidence can lead to losing the case, even if your claim is valid.

    How to avoid it: Gather all relevant documents, photos, and witness statements before the hearing.

  • Ignoring counterclaims

    What goes wrong: If the defendant files a counterclaim and you don't respond, you could lose by default.

    How to avoid it: Respond to any counterclaims promptly and prepare your defense.

  • Failing to collect judgment

    What goes wrong: Winning a judgment doesn't guarantee payment; you must take steps to collect.

    How to avoid it: Learn about collection methods like garnishment and liens; act promptly to enforce the judgment.

FAQ

Common questions.

Do I need a lawyer?
No, you are not required to have a lawyer in Magistrate Court; individuals and businesses can represent themselves.
How long does it take?
The timeline varies, but most small claims cases are resolved within 30 to 90 days from filing to judgment.
What's the maximum I can sue for?
You can sue for up to $10,000 in Magistrate Court; claims exceeding this amount must be filed in Circuit Court.
What happens if the defendant doesn't show up?
If the defendant fails to appear, the court may grant a default judgment in your favor.
Can I appeal?
Yes, either party can appeal a Magistrate Court decision to the Circuit Court within 20 days for a trial de novo.
How long is a judgment good for?
A judgment is valid for 10 years and can be renewed before it expires.
Sources20 citations and statutes

This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 28, 2026.