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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

1

Determine if your case qualifies for small claims court

2

Send a demand letter to the other party

3

File your claim at the correct courthouse

4

Serve the defendant with the lawsuit

5

Prepare your evidence and presentation

6

Attend the hearing and present your case

Frequently Asked Questions

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

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

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

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

Appeal to Circuit Court within 20 days

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