West Virginia Small Claims Court Guide
Everything you need to know about filing a small claims case in West Virginia — dollar limits, filing fees, court locations, and step-by-step guidance.
West Virginia Quick Facts
Maximum Claim
$10,000
Filing Fee
$30–$75
Court fees added to your case — not due today
Court
Magistrate Court (Small Claims Division)
Overview
Small Claims in West Virginia
West Virginia small claims court is a division of the Magistrate Court and handles civil disputes where the amount claimed does not exceed $10,000. The court provides a simplified and user-friendly process for resolving monetary disputes. West Virginia's small claims procedure is designed to be accessible to individuals and businesses alike.
Filing fees in West Virginia range from $30 to $75 depending on the county and claim amount. These fees are recoverable as court costs if you win your case. The informal proceedings are designed for self-represented litigants, and attorneys are not permitted to appear on behalf of parties in Magistrate Court. The simplified rules of evidence make it practical for people without legal training.
West Virginia small claims court is commonly used for collecting unpaid debts, recovering security deposits, seeking compensation for property damage, and resolving breach of contract matters. The court can award monetary judgments, including filing fees and court costs, which are recoverable from the losing party.
To file, you must submit a complaint form to the Magistrate Court serving the county where the defendant lives or where the dispute occurred. After filing, the court issues a summons for service on the defendant, typically by certified mail or a private process server. The hearing is usually scheduled within 30 to 60 days.
Where to File
File in the Magistrate Court of the county where the defendant lives, works, or where the incident occurred. For business defendants, file where the business is located or where the contract was to be performed.
Service of Process
Service may be completed by certified mail, sheriff, or a private process server. Certified mail is commonly used for small claims cases in West Virginia. The defendant must be served at least 10 days before the hearing.
Statute of Limitations
Written contracts: 10 years. Oral contracts: 5 years. Property damage: 2 years. Personal injury: 2 years. Fraud: 2 years from discovery.
Appeal Rules
Either party may appeal to the Circuit Court within 20 days. The case is retried de novo.
File Your West Virginia Small Claims Case
We handle the paperwork — research, document preparation, court filing, and defendant serving.
Start My CaseWest Virginia FAQ