WV State Guide

West Virginia Small Claims Court

Magistrate Court

$10,000

Maximum Claim

$25 - $45

Filing Fees

30-60 days

Timeline

In-person

Hearing Format

Court Information

Court Name

Magistrate Court

Attorneys

Allowed

Appeal Rights

Appeal to Circuit Court within 20 days

Court Website

https://www.courtswv.gov

Statute of Limitations

10 years

Written Contracts

5 years

Oral Contracts

2 years

Property Damage

Unique Rules in West Virginia

Magistrates hear cases

Informal procedures

How to File in West Virginia

Determine if your case qualifies for small claims court

Send a demand letter to the other party

File your claim at the correct courthouse

Serve the defendant with the lawsuit

Prepare your evidence and presentation

Attend the hearing and present your case

Amendment Filing Fees in West Virginia

Amendment Fee Range

Amendment fees in West Virginia typically range from $15-$50, depending on the court and type of amendment.

Important Note

Contact your local court clerk for exact amendment fees, as they vary by jurisdiction.

When Amendments Are Allowed

Before the defendant is served

To correct clerical errors or add necessary details

With court permission after service

Cannot increase claim amount beyond court limits

Common Amendment Types

Correct Defendant Name

Fix misspellings or add proper legal names

Add Damages

Include additional damages discovered later

Clarify Facts

Provide clearer description of the dispute

State-Specific Resources

Additional guides and information for West Virginia small claims cases

Complete Small Claims Guide

Comprehensive guide to filing, preparing, and winning your small claims court case nationwide.

Demand Letter Templates

Free templates and examples for writing effective demand letters before filing your case.

Frequently Asked Questions

What is the small claims limit in West Virginia?

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

How much does it cost to file in West Virginia?

Filing fees in West Virginia range from $25 - $45, depending on the claim amount.

Are attorneys allowed in West Virginia small claims court?

Yes, attorneys are allowed to represent parties in West Virginia small claims court.

How long does a case take in West Virginia?

From filing to hearing typically takes 30-60 days in West Virginia.

Can I appeal a small claims decision in West Virginia?

Appeal to Circuit Court within 20 days

Counties We Serve in West Virginia

Find small claims court information for your county

All 55 Counties in West Virginia

Barbour County Berkeley County Boone County Braxton County Brooke County Cabell County Calhoun County Clay County Doddridge County Fayette County Gilmer County Grant County Greenbrier County Hampshire County Hancock County Hardy County Harrison County Jackson County Jefferson County Kanawha County Lewis County Lincoln County Logan County Marion County Marshall County Mason County McDowell County Mercer County Mineral County Mingo County Monongalia County Monroe County Morgan County Nicholas County Ohio County Pendleton County Pleasants County Pocahontas County Preston County Putnam County Raleigh County Randolph County Ritchie County Roane County Summers County Taylor County Tucker County Tyler County Upshur County Wayne County Webster County Wetzel County Wirt County Wood County Wyoming County

State-Specific Resources

Additional guides and information for West Virginia small claims cases

Complete Small Claims Guide

Comprehensive guide to filing, preparing, and winning your small claims court case nationwide.

Demand Letter Templates

Free templates and examples for writing effective demand letters before filing your case.

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