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Statues: West Virginia Code, Ch. 50, Sections 2.1-6.3. Ch. 56, Sections 1.1. Rules of Civil Procedure for Magistrate's Courts, Rules 1-21.
Dollar Limit:: $5,000.
Where To Sue: Where defendant resides or where injury occurred. Contracts Where breach occurred. Property insurance claims Where property is. Nonresident defendants Where plaintiff resides or where defendant has property or debts due. Corporation resides where it has principal office or where chief officer resides. Nonresident U.S. corporate defendants Where it does business or where plaintiff resides.
Service: Sheriff; if that fails any credible disinterested adult or attorney in case.
Hearing Date: Defendant has 20 days to appear (5 days in entry and detainer cases). Trial date set after defendant notifies court of intention to defend against claim.
Attorneys: Allowed; required for collection agents.
Transfer: Claims less than $300: if both sides consent, case tried in Circuit Court. Claims more than $300: if either side requests, case tried in Circuit Court. Also allowed at magistrate's discretion if defendant requests transfer in answer or within a reasonable time.
Appeals: By either side for new trial; to Circuit Court within 20 days.
Special Provisions: No equitable relief. Jury trial available on claim of $20. Defendant must answer within 20 days or lose by default. No libel or slander, real estate, false imprisonment or eminent domain cases. Claims against the state must be brought in the Court of Claims at the State Capitol. Eviction cases are allowed but time limit for action is five days.
Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This information was last updated in 2004. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.
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May 17 2008
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