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WV County Guide

Upshur County Small Claims Court

Magistrate Court • Population: 23,816

$10,000
Maximum Claim
$25 - $45
Filing Fees
30-60 days
Timeline
In-person
Hearing Format

Courthouse Information

Courthouse

Upshur County Magistrate Court

Address

38 West Main Street, Room 204, Buckhannon, WV 26201

Court Website

https://www.courtswv.gov

Local Tips

  • West Virginia magistrate court limit is $10,000
  • Fax: (304) 472-2061

How to File in Upshur County

1

Determine if your case qualifies for West Virginia small claims court (up to $10,000)

2

Send a written demand letter to the other party

3

File your claim at the Upshur County courthouse or online through the Magistrate Court

4

Serve the defendant with official notice of the lawsuit

5

Prepare your evidence, documents, and witnesses

6

Attend the in-person hearing and present your case

Statute of Limitations in West Virginia

10 years
Written Contracts
5 years
Oral Contracts
2 years
Property Damage

Important Rules in West Virginia

Magistrates hear cases
Informal procedures

Frequently Asked Questions

To file a small claims case in Upshur County, West Virginia, visit your local courthouse at 38 West Main Street, Room 204, Buckhannon, WV 26201 or the Magistrate Court website. You'll need to fill out the claim form, pay the filing fee ($25 - $45), and serve the defendant. The maximum claim amount is $10,000.

The maximum you can sue for in West Virginia small claims court is $10,000. This limit applies to all counties including Upshur County.

In West Virginia, attorneys are allowed to represent parties in small claims court. While you can represent yourself in Upshur County, you may choose to hire a lawyer for your case.

From filing to hearing, a small claims case in West Virginia typically takes 30-60 days. Timelines in Upshur County may vary depending on court schedules.

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