West Virginia · Magistrate Court

How to file a small-claims case in West Virginia

You can sue for up to $20,000 in West Virginia. Here is where to file, what the deadlines are, and how to keep your case organized.

Good to know: West Virginia has no court called small claims court. Civil money cases up to $20,000 are filed in the county Magistrate Court as a civil action, started with a Civil Complaint (Form SCA-M207), under the Rules of Civil Procedure for Magistrate Courts. The $20,000 limit reflects a 2025 increase from $10,000.

Filing your Civil Complaint (Form SCA-M207) in West Virginia

1. Complete the Civil Complaint (SCA-M207). Fill out the complaint completely, naming each defendant with a full name and physical address, the date the claim arose, the nature of the claim, and the relief requested.
2. File with the magistrate clerk and pay costs. File with the magistrate clerk in the county where you are suing and pay the filing fee, court costs, and service fees up front. If you cannot afford them, file an affidavit of indigency.
3. Choose and pay for a method of service. Pick how the defendant is notified: clerk certified mail ($20) or first-class mail ($5), sheriff service ($25 per defendant), or a private process server. You pay for the method you choose.
4. Wait for the answer or seek default. The defendant generally has 20 days after service to answer (30 if served on an agent). If they do not, you may file for a default judgment 21 days after service (31 if served on an agent).
5. Attend the trial. If the defendant disputes the claim, the court sets a trial; the parties may still settle. A jury trial can be requested in writing within 20 days of the answer.

Filing fees: Filing costs are statutory (W. Va. Code 50-3-1), collected in advance, and run $50 to $70 by claim amount, plus service fees (clerk certified mail $20, first-class $5, sheriff $25 per defendant). That table predates the 2025 increase of the limit to $20,000, so confirm the cost for larger claims with the clerk. A fee waiver is available via an affidavit of indigency.

Key West Virginia deadlines

Answering a lawsuit: 20 days after service (30 days if service is accepted by an authorized agent or attorney-in-fact); 5 days in wrongful-occupation and unlawful entry and detainer cases.

Serving the defendant: You choose and pay for service: clerk certified mail (restricted delivery) $20, clerk first-class mail $5, sheriff $25 per defendant, or a private process server. Service may also be made on a family member 16 or older at the defendant's home. If service is not completed and you take no action within 6 months, the case is dismissed without prejudice.

Appeals: Either party may appeal to the circuit court as of right within 20 days of judgment; the appeal is a trial de novo. The magistrate clerk collects a bond and the circuit court fee, and the appeal stays enforcement. Use Form SCA-M111-1P (bench trial) or SCA-M110-1P (jury verdict).

West Virginia small-claims forms

Official West Virginia forms, free from the court.

• SCA-M207 - Civil Complaint (rev. 10/01/1994): The initial document that commences a civil/small-claims action in magistrate court; the plaintiff states the claim and the relief sought.
• SCA-MI-400 - Information Sheet: Civil Case Plaintiff (rev. 06-18): Official plaintiff guide explaining filing costs, service of process options and fees, the answer/default timeline, and jury-trial election.
• SCA-M111-1P - Petition for Appeal of Bench Trial (rev. 01/01/2006): Used to appeal a magistrate court bench-trial judgment to circuit court for a trial de novo under W. Va. Code §50-5-12/13.
• SCA-M110-1P - Petition for Appeal of Jury Verdict: Used to appeal a magistrate court jury verdict to circuit court.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: West Virginia Judiciary: Magistrate Court Forms. Last reviewed 2026-06-24.