West Virginia does not have a court called “small claims court.” Like Georgia’s Magistrate Court, South Carolina’s Magistrate Court, and Tennessee’s General Sessions Court, West Virginia uses the Magistrate Court to handle what every other state calls small claims — civil money disputes in an informal, accessible forum designed for self-represented parties. The Magistrate Court’s $20,000 limit, confirmed by W.Va. Code § 50-2-1, ties it with Utah and Minnesota for the second-highest ceiling in this guide series, behind only Tennessee’s $25,000 General Sessions limit.
West Virginia’s Magistrate Court also handles one claim type that many states route to a separate housing court: evictions. Matters involving unlawful entry or detainer of real property, or involving wrongful occupation of residential rental property, fall within the Magistrate Court’s jurisdiction as long as title to the property is not in dispute. This makes West Virginia one of the states — alongside Tennessee, Oklahoma, and Mississippi — where a landlord can bring both an eviction and a money claim in the same accessible, informal court without needing to file in a higher venue.
West Virginia’s Magistrate Court is governed by West Virginia Code Chapter 50 and the Rules of Civil Procedure for Magistrate Courts of West Virginia. Every county in West Virginia has at least two Magistrate Courts. Cases are heard by an elected magistrate — a judicial officer who serves a 4-year term. There are no jury trials in Magistrate Court by default, but either party may request a jury trial if the claim exceeds $20. In practice, most small claims disputes — which typically involve hundreds or thousands of dollars — qualify for the jury trial option.
The court is designed to be accessible without legal training. Small claims court is an informal court designed for minor cases. Either party can be represented by an attorney if they choose, but attorneys are not required. The magistrate hears both sides, evaluates the evidence, and issues a judgment.
Common disputes handled in West Virginia Magistrate Court include:
You can ask for up to $20,000 in a small claims action in the West Virginia Magistrate Court under W.Va. Code § 50-2-1. This limit is exclusive of interest and court costs. The $20,000 ceiling places West Virginia among the higher-limit states in this guide series — tied with Utah and Minnesota, and second only to Tennessee’s $25,000 General Sessions limit.
If your actual loss exceeds $20,000, you have two options: voluntarily reduce your claim to $20,000 and permanently waive the excess to remain in Magistrate Court, or file the full amount in Circuit Court under formal civil procedure rules. For claims just above $20,000, the simplified Magistrate Court process — with its lower filing fees and informal procedures — often makes accepting the cap the more practical financial decision.
West Virginia also gives Magistrate Courts jurisdiction over evictions and wrongful occupation cases regardless of the amount of rent at issue, as long as title to the property is not disputed. A landlord seeking both eviction and back rent can bring both in Magistrate Court without worrying about whether the back rent amount exceeds the $20,000 ceiling.
Filing fees in West Virginia Magistrate Court scale with the claim amount. For claims of $500 or less, the fee is $50. For claims between $500.01 and $1,000, the fee is $55. For claims between $1,000.01 and $2,000, the fee is $60. For claims above $2,000, fees continue to scale — confirm the exact fee for your claim amount with the Magistrate Court clerk before filing.
| Claim Amount | Filing Fee |
|---|---|
| Up to $500 | $50 |
| $500.01 – $1,000 | $55 |
| $1,000.01 – $2,000 | $60 |
| $2,000.01 and above | Confirm with clerk — typically $65–$70+ |
Service fees are charged separately. The sheriff typically serves process in West Virginia Magistrate Court civil cases. Sheriff service fees vary by county — contact the sheriff’s office before filing to confirm the current deposit amount. If you win, filing fees and service costs are added to your judgment and owed by the losing party.
West Virginia’s process is guided by Legal Aid of West Virginia’s self-help resource at lawv.net, the West Virginia Judiciary’s official website at courtswv.gov, and the Rules of Civil Procedure for Magistrate Courts. Contact your local Magistrate Court clerk before filing to confirm how many copies they require and any local procedural specifics.
Before filing, give the defendant a documented final opportunity to resolve the matter. Send a demand letter by certified mail. State the amount owed, why it is owed, and give a deadline of 10 to 14 days to respond. Keep the return receipt as your first piece of evidence and documentation of your good-faith attempt to settle before court.
For security deposit disputes, West Virginia Code § 37-6A-2 governs landlord obligations. West Virginia landlords must return the deposit within 45 days of the tenant vacating the premises, along with a written itemized statement of deductions. A landlord who fails to comply may forfeit the right to retain any portion of the deposit and may be liable for additional damages. Reference the statute and the 45-day deadline in your demand letter.
File your case in the Magistrate Court of the county where the defendant resides or where the incident occurred. West Virginia’s venue rules give you both options — the defendant’s county or where the dispute arose. This is more flexible than Georgia’s strict residence-only rule and consistent with most other states in this guide series.
Every county in West Virginia has at least two Magistrate Courts. Use the West Virginia Judiciary’s court map at courtswv.gov to find the Magistrate Court locations in the relevant county. For major West Virginia cities:
For business defendants, verify the exact registered legal name through the West Virginia Secretary of State’s business search at sos.wv.gov. A corporation or LLC must be named by its exact registered name and served through its registered agent at their listed address.
A civil action in Magistrate Court is commenced by filing a complaint with the magistrate assistant, magistrate clerk, or magistrate deputy clerk. The complaint must contain a short and plain statement of the claim showing that the plaintiff is entitled to relief, and a demand for judgment for the relief the plaintiff seeks.
The complaint form is available at the Magistrate Court clerk’s office and in some cases online. Contact your local Magistrate Court to confirm how many copies they require before arriving. The form requires:
If the plaintiff’s claim exceeds $20 and they wish to request a jury trial, that request should be noted at the time of filing or before the scheduled trial. The jury trial threshold of $20 is the lowest in this guide series — virtually every money dispute qualifies. Most parties in routine money disputes elect bench trials before the magistrate rather than requesting a jury, but the option exists.
File your completed complaint at the Magistrate Court clerk’s office in person. Pay the filing fee — $50 for claims up to $500, scaling up from there. Confirm the exact fee for your claim amount before arriving. Arrange service at the same time — the sheriff typically serves process in West Virginia Magistrate Court civil cases, and you will need to coordinate with the sheriff’s office and pay the service deposit.
Once filed, the clerk enters your case on the court docket and issues a summons. The magistrate court in which the action is filed, if not having jurisdiction or venue, simply forwards the papers and fees to the court of the appropriate county. This automatic forwarding mechanism means you will not lose your filing fee if you file in a slightly incorrect venue within the state.
The summons and complaint in civil actions shall be served upon the defendant in the same manner as is provided by Rule 4 of the Rules of Civil Procedure for Trial Courts of Record. In most cases, the sheriff serves the process, though other court-approved methods are available.
Service options include:
Once service is complete, proof of service must be filed with the court. Monitor your case — if service fails at the address you provided, contact the clerk immediately to arrange re-service at a corrected address.
After being served, the defendant is required to file an answer generally within 20 days of service. The court allows a period of 30 days if service was carried out by an authorized agent or by out-of-state methods. If the defendant fails to answer within 20 days of service, the court may enter a default judgment — but the plaintiff must still provide proof of the amount owed using the default affidavit form.
The defendant may also file a counterclaim. A defendant may state as a counterclaim any claim that the defendant has against the plaintiff that is within the jurisdiction of Magistrate Court — meaning the counterclaim must stay within the $20,000 limit. If the counterclaim would exceed this limit, the case would need to transfer to Circuit Court.
The failure of the defendant to state a particular defense in an answer shall not prevent the defendant from raising such defense at trial. Unlike Pennsylvania where a written answer is optional, West Virginia defendants who plan to contest the claim should file a written answer to preserve their right to present defenses and ensure the case is scheduled for a contested trial rather than proceeding to default.
West Virginia Magistrate Court hearings are informal bench proceedings. Both parties present their cases and the magistrate decides based on the preponderance of evidence — the standard that it is more likely than not that your version of the facts is accurate. Organized, labeled documentation consistently produces better outcomes than unorganized verbal accounts.
Prepare three complete sets of every document — one for the magistrate, one for the defendant, and one for yourself. Strong evidence includes:
Witnesses with direct knowledge of the facts should appear in person and testify under oath. If a witness is unwilling to appear voluntarily, ask the clerk about subpoena procedures well before the hearing date.
Arrive at the Magistrate Court at least 15 minutes early. Dress professionally. The plaintiff presents first, then the defendant. When your case is called, introduce yourself and state your claim directly: “Your Honor, I am seeking $8,500 for a security deposit that was not returned within 45 days after my lease ended in January 2026.” Walk through your evidence in logical order. Speak to the magistrate, not to the defendant. When the defendant presents their side, take notes and address their points in your rebuttal without interrupting.
If a defendant who was served in the appropriate way fails to file an answer or appear for a hearing, the court may enter a default judgment. The plaintiff will still be required to submit proof of the amount owed using the default affidavit form. Bring your complete evidence file to every hearing regardless of whether you expect the defendant to attend.
The magistrate issues a judgment based on the evidence and testimony presented. The judgment is typically entered at the conclusion of the hearing or within a short time after.
The judge will issue a money judgment to whoever proves they are entitled to an award. The money judgment allows the creditor to collect using property liens, wage garnishments, bank account levies, and property seizures.
West Virginia enforcement tools include:
Magistrate courts have continuing jurisdiction to entertain motions in regard to post-judgment process issued from magistrate court — meaning you can return to the same Magistrate Court to address enforcement issues without needing to start a new action in a different court. Begin enforcement steps promptly after the appeal window closes.
Either party may appeal a West Virginia Magistrate Court judgment to the Circuit Court within 20 days of the judgment. The appeal is heard de novo in Circuit Court — a completely new trial before a Circuit Court judge with full civil procedure rules applying. Both sides can introduce new evidence, call witnesses again, and attorney representation is permitted and commonly used at the Circuit Court level.
For default judgments specifically, a motion for new trial may be filed within 10 days of entry of the default judgment — the court may act on this motion without a hearing if filed within 10 days. If more than 10 days have passed since entry of the default judgment, the court may set aside, vacate, or modify the default judgment under § 25-2720.01. Attorneys may represent parties for the purpose of filing a motion for new trial or to set aside, vacate, or modify a default judgment — even when the original proceedings were handled without attorneys.
| Type of Dispute | Filing Deadline |
|---|---|
| Written contract (lease, service agreement, invoice) | 10 years from breach |
| Oral (verbal) contract | 5 years from breach |
| Personal injury / Property damage | 2 years from incident |
| Fraud or mistake | 2 years from discovery |
Small claims court is designed to be simple and does not require an attorney. However, either party can be represented by an attorney if they so desire. For most disputes at or below $20,000 with clear documentation, self-representation is practical. If the defendant is a business with legal counsel, or if your case involves complex factual or legal issues, an hour of attorney consultation before the hearing is worth considering. Attorney representation is available and commonly used at the Circuit Court appeal level.
If the defendant fails to file an answer within 20 days of service, the court may enter a default judgment in the plaintiff’s favor. The plaintiff must still provide proof of the amount owed using the default affidavit form — default is not entered without the plaintiff’s participation and documentation. Within 10 days of the default judgment, the defendant may file a motion for new trial. After 10 days, the defendant may seek to set aside the judgment under § 25-2720.01.
Yes. Any adult, business, or corporation may file a small claims case in the Magistrate Court. A corporation may appear through its authorized agent or an attorney, provided the corporate party is attempting to vindicate its own claims rather than those of a third party. Unlike Arkansas (corporation ban) and Kansas (corporation ban), West Virginia places no restriction on corporate participation in Magistrate Court.
Magistrate Court has jurisdiction over both eviction actions and money claims simultaneously. A landlord may file for both possession of the property and recovery of unpaid rent in the same Magistrate Court action, without needing to file in a separate housing court or Circuit Court. The only limitation is that title to the property must not be in dispute — if ownership is contested, the matter must go to Circuit Court.
From filing, the defendant has 20 days to answer after service. Once an answer is filed, the court schedules a hearing — typically within 30 to 60 days. The hearing itself runs 20 to 45 minutes. If no appeal is filed within 20 days of judgment and the defendant pays voluntarily, the total process from filing to resolution commonly runs 50 to 90 days.
West Virginia’s Magistrate Court is one of the most capable small claims courts in this guide series by dollar limit — $20,000 covers virtually every everyday money dispute without requiring Circuit Court. The automatic venue forwarding mechanism, the combined eviction and money jurisdiction, and the fee waiver program for indigent filers make the system genuinely accessible across the state’s 55 counties.
The three things worth knowing cold before you file: it is called Magistrate Court — not small claims court, every county has at least two locations so confirm which one covers your case, and the 10-year written contract limitation means disputes from many years ago involving a signed agreement may still be actionable. Handle those three correctly and West Virginia’s Magistrate Court is one of the more straightforward systems in this guide series.
The ClaimItCourt Editorial Team produces small claims court guides built entirely from primary legal sources — official state court websites, state statutes confirmed via official state legislature databases, court rules, and Administrative Office of the Courts publications. Each guide is cross-referenced against the current official source before publication and updated when statutes change. We cite every specific procedural rule, dollar limit, and deadline directly from the governing statute or court rule so readers can verify any claim independently. ClaimItCourt.com is an independent legal information publisher. We are not a law firm and do not provide legal advice.
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