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West Virginia Small Claims Court Information

  • Statues: West Virginia Code, Ch. 50, Sections 2.1-6.3; Ch. 56, Section 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. For property suits, where property is located. When defendant is nonresident, where he can be found or owes debts, or where plaintiff resides. Corporation resides where it has principal office or where chief officer resides. For nonresident U.S. corporation, where it does business or where plaintiff resides.
  • Service: By any disinterested adult.
  • Hearing Date: Defendant has 20 days to appear. Trial date set after defendant notifies court of intention to defend against claim.
  • Attorneys: Allowed.
  • Transfer: Claims less than $2,500: if both sides consent, case tried in Circuit Court. Claims more than $2,500: if either side requests, case tried in Circuit Court.
  • Appeals: By either side for new trial; to Circuit Court within 20 days of judgment or denial of new trial.
  • Special Provisions: No equitable relief. Jury trial available. Defendant must answer within 20 days. 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 allowed.

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. 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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