How do I file a small claims case in West Virginia to get money someone owes me?
In West Virginia, most small claims are handled in magistrate court (sometimes called small claims). The court has simple filing rules, a low filing fee, and basic procedures for serving the defendant, answering, and handling counterclaims. If the defendant does not respond, the plaintiff can move for a default judgment, and the court may enter judgment after the required proof.
People can also request a jury trial in magistrate court for cases above a minimal amount, but there are specific time limits for making that election. The magistrate court rules govern service of the summons, how counterclaims are raised, and how default judgments are entered.
Current West Virginia law
Every answer cites the statute
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The deadline that matters
If seeking a jury in magistrate court, the election must be made in writing no later than 20 days after service of any first timely answer, or 5 days after service in certain expedited cases (W.Va. Mag. Ct. R. Civ. P. 6A).
What West Virginia law says
General legal rules that commonly apply: The magistrate court small-claims filing fee and limits on other court fees are set under W. Va. Code § 38-16-504 (W. Va. Code § 38-16-504). Rules about serving a summons and complaint, who may serve, and acceptable methods of service are in W. Va. R. Civ. P. 4 (W. Va. R. Civ. P. 4.). A defendant may assert a counterclaim that arises from the same transaction and have it tried together under W. Va. Code § 50-4-9 (W. Va. Code § 50-4-9) and under magistrate court procedure in W.Va. Mag. Ct. R. Civ. P. 5 (W.Va. Mag. Ct. R. Civ. P. 5.). If a party is served and fails to appear or answer, a magistrate may enter judgment by default consistent with W.Va. Mag. Ct. R. Civ. P. 10 (W.Va. Mag. Ct. R. Civ. P. 10.). The right to elect a jury in magistrate court and the timing to make that election are described in W.Va. Mag. Ct. R. Civ. P. 6A (W.Va. Mag. Ct. R. Civ. P. 6A.) and a jury may be impaneled when factual issues are joined under W. Va. Code § 56-2-7 (W. Va. Code § 56-2-7).
What to do
A common first step is to prepare a completed claim form and gather evidence using an evidence checklist.
A common next step is to pay the magistrate small-claims filing fee set by statute and submit the claim to the clerk under W. Va. Code § 38-16-504.
A common option is to arrange proper service of the summons and complaint in accordance with W. Va. R. Civ. P. 4.
A common step if the defendant answers is to be aware that counterclaims arising from the same transaction may be filed and tried together under W. Va. Code § 50-4-9 and W.Va. Mag. Ct. R. Civ. P. 5.
A common step if no one appears is to seek a default judgment by submitting the required affidavit or sworn testimony under W.Va. Mag. Ct. R. Civ. P. 10.
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Common questions
How much does it cost to file a small claim?
The statute sets a $15 filing fee for actions under the magistrate small-claims chapter and limits other clerk charges; additional service fees may apply under W. Va. Code § 38-16-504.
What happens if the defendant does not respond?
If the defendant was properly served and fails to appear or answer, the magistrate may enter a default judgment after the plaintiff provides an affidavit or sworn testimony describing the relief sought, per W.Va. Mag. Ct. R. Civ. P. 10.
Can the defendant bring a counterclaim?
Yes, a defendant may state counterclaims that arise from the same transaction and have them tried together under W. Va. Code § 50-4-9 and W.Va. Mag. Ct. R. Civ. P. 5.
Can I have a jury trial in magistrate court?
A party has a right to elect a jury in magistrate court when the amount exceeds a small statutory threshold; the election must be made in writing within the time limits in W.Va. Mag. Ct. R. Civ. P. 6A.
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This page provides legal information only, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
