West Virginia Small Claims Court

How it works in West Virginia

1. Fill out a Civil Complaint (form SCA-M207), with each defendant’s full name and physical address.
2. Pay the filing fee and service fee at magistrate court, or ask for an indigency waiver.
3. Choose how the defendant is served: clerk by certified mail ($20) or first-class mail ($5), sheriff ($30 per defendant), or a private server.
4. The defendant usually has 20 days to answer. If not, you can file for a default judgment from day 21, and must do so within 6 months of service.
5. If the defendant answers, a trial is set. Either side can ask in writing for a jury within 20 days of service of the answer.

What it costs

$50 up to $500, $55 up to $1,000, $60 up to $2,000 and $70 up to $20,000, plus service fees

How long you have to sue

W. Va. Code §§ 55-2-6, 55-2-12. These are general limits. The clock can start late, pause or be much shorter, as it is for claims against a government agency.

If you lose

Either side can appeal to circuit court within 20 days of judgment or denial of a new-trial motion, with a bond and circuit filing fee; a bench trial gets a new trial, and a jury trial is reviewed on the record.

Official links

• West Virginia small claims self-help
• Court forms
• Find your court