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West Virginia Small Claims Court (2026): Limit, Fees and How to File

How small claims court works in West Virginia: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.

Quick answers for West Virginia

Small claims limit
$20,000 in value or amount in controversy. Magistrate courts also hear unlawful entry and detainer of real property when title is not in dispute. W. Va. Code 50-2-1
Filing fee
$30 for claims of $500 or less; $35 for over $500 to $1,000; $40 for over $1,000 to $2,000; $50 for over $2,000; $30 for relief other than money. Fees are collected in advance, and people unable to pay may proceed without prepayment under W. Va. Code 59-2-1. The magistrate court also charges $1 for mailing by certified or registered mail with return receipt. W. Va. Code 50-3-1
Appeals
Appeal to the circuit court of the county within 20 days after judgment (or after a ruling on a motion to set aside), with a bond and the circuit court filing fee paid to the magistrate clerk; the circuit court may allow a late appeal within 90 days for good cause. Non-jury cases are tried de novo by the circuit judge; jury cases are reviewed on the recorded record. Filing an appeal stays enforcement. W. Va. Code 50-5-12

Court: Magistrate Court (civil cases; West Virginia has no separate small claims court). Last verified: 2026-10-24.

How to file a small claims case in West Virginia

  1. Confirm your claim is $20,000 or less and file a complaint with the magistrate court clerk in a county where venue is proper.
  2. Pay the filing fee ($30 to $50 depending on the amount), or ask to proceed without prepayment.
  3. Have the summons and complaint served under the Trial Court Rules within six months of filing.
  4. The defendant has 20 days after service to answer and may file a counterclaim; otherwise the plaintiff may seek a default judgment.
  5. Elect a jury in writing within 20 days after the first answer if you want one; the court mails a trial notice at least 21 days ahead.
  6. Attend the trial with your evidence and witnesses.
  7. Appeal to circuit court within 20 days if needed; otherwise, collect an unpaid judgment by execution or garnishment.

Can you use small claims court?

Small claims limit$20,000 in value or amount in controversy. Magistrate courts also hear unlawful entry and detainer of real property when title is not in dispute.
Most recently amended by 2025 HB 2761.
Source: W. Va. Code 50-2-1

Filing your case

Where to fileVenue follows the circuit court venue rules in W. Va. Code chapter 56, article 1. A defendant may move to transfer the case to another county's magistrate court if venue is improper or for convenience and the ends of justice.
Source: W. Va. Code 50-2-2; W. Va. R. Civ. P. Magis. Ct. 4(c)
Official formsWest Virginia's small civil claims are filed in magistrate court; the Judiciary's forms do not use a separate "small claims" form. The statewide magistrate court complaint forms are the Civil Complaint (SCA-M207), Civil Complaint - Commercial Creditor / Contract Action (SCA-M208) and Civil Complaint: Worthless Check (SCA-M337), with the Information Sheet: Civil Case Plaintiff (SCA-MI-400).
Source: West Virginia Judiciary, Court Forms: Magistrate Court Forms
Filing fee$30 for claims of $500 or less; $35 for over $500 to $1,000; $40 for over $1,000 to $2,000; $50 for over $2,000; $30 for relief other than money. Fees are collected in advance, and people unable to pay may proceed without prepayment under W. Va. Code 59-2-1. The magistrate court also charges $1 for mailing by certified or registered mail with return receipt.
Source: W. Va. Code 50-3-1
Serving the defendantThe summons and complaint are served as provided in Rule 4 of the West Virginia Trial Court Rules. If service is not made within six months of filing, the case is dismissed without prejudice. Later papers may be served by hand, mail or fax.
Source: W. Va. R. Civ. P. Magis. Ct. 3, 8(b), 15(a)

Before and at the hearing

When the hearing happensIf the answer contests the claim, the court sets a trial date and mails notice at least 21 days before trial.
Source: W. Va. R. Civ. P. Magis. Ct. 6A, 11
Does the defendant file an answer?Yes. The defendant must answer within 20 days after service (30 days if served on an agent or attorney-in-fact; 5 days in residential eviction cases). If no timely answer is filed, the plaintiff may obtain a default judgment on proof of service and sworn proof of a sum-certain claim.
Source: W. Va. R. Civ. P. Magis. Ct. 4(b), 10
CounterclaimsA defendant may file a counterclaim within magistrate court jurisdiction with the answer; no reply is required, and failing to counterclaim does not bar a later separate suit.
Source: W. Va. R. Civ. P. Magis. Ct. 5
Jury trialYes, if the amount in controversy exceeds $20 or the case involves possession of real estate. A party must elect a jury in writing no later than 20 days after service of the first timely answer, or the right is waived. Juries have six members.
Source: W. Va. Code 50-5-8; W. Va. R. Civ. P. Magis. Ct. 12

After the decision

AppealsAppeal to the circuit court of the county within 20 days after judgment (or after a ruling on a motion to set aside), with a bond and the circuit court filing fee paid to the magistrate clerk; the circuit court may allow a late appeal within 90 days for good cause. Non-jury cases are tried de novo by the circuit judge; jury cases are reviewed on the recorded record. Filing an appeal stays enforcement.
Source: W. Va. Code 50-5-12
Collecting your judgmentJudgments may be enforced by execution, suggestion (garnishment), and suggestee execution (wage garnishment); the magistrate court charges $5 for each.
Source: W. Va. Code 50-3-1(b)

Deadline to sue

10 years for an action on a contract in writing signed by the party to be charged (or the party's agent), or under seal (written lease). 5 years for any other contract, express or implied (oral lease). W. Va. Code § 55-2-6

Suing a landlord or tenant in West Virginia

West Virginia tenants and landlords use magistrate court for security deposit, unpaid rent and damage claims up to $20,000, and magistrates also hear eviction (unlawful entry and detainer) cases; in residential eviction cases the answer is due in 5 days.

West Virginia small claims FAQ

What is the small claims limit in West Virginia?
$20,000 in value or amount in controversy. Magistrate courts also hear unlawful entry and detainer of real property when title is not in dispute.
Where do I file a small claims case in West Virginia?
Venue follows the circuit court venue rules in W. Va. Code chapter 56, article 1. A defendant may move to transfer the case to another county's magistrate court if venue is improper or for convenience and the ends of justice.
How much does it cost to file in small claims court in West Virginia?
$30 for claims of $500 or less; $35 for over $500 to $1,000; $40 for over $1,000 to $2,000; $50 for over $2,000; $30 for relief other than money. Fees are collected in advance, and people unable to pay may proceed without prepayment under W. Va. Code 59-2-1. The magistrate court also charges $1 for mailing by certified or registered mail with return receipt.
How do I serve the other side in a West Virginia small claims case?
The summons and complaint are served as provided in Rule 4 of the West Virginia Trial Court Rules. If service is not made within six months of filing, the case is dismissed without prejudice. Later papers may be served by hand, mail or fax.
How long does a small claims case take in West Virginia?
If the answer contests the claim, the court sets a trial date and mails notice at least 21 days before trial.
Does a defendant have to file an answer in West Virginia small claims court?
Yes. The defendant must answer within 20 days after service (30 days if served on an agent or attorney-in-fact; 5 days in residential eviction cases). If no timely answer is filed, the plaintiff may obtain a default judgment on proof of service and sworn proof of a sum-certain claim.
Can the defendant file a counterclaim in West Virginia small claims court?
A defendant may file a counterclaim within magistrate court jurisdiction with the answer; no reply is required, and failing to counterclaim does not bar a later separate suit.
Is there a jury in West Virginia small claims court?
Yes, if the amount in controversy exceeds $20 or the case involves possession of real estate. A party must elect a jury in writing no later than 20 days after service of the first timely answer, or the right is waived. Juries have six members.
Can you appeal a small claims decision in West Virginia?
Appeal to the circuit court of the county within 20 days after judgment (or after a ruling on a motion to set aside), with a bond and the circuit court filing fee paid to the magistrate clerk; the circuit court may allow a late appeal within 90 days for good cause. Non-jury cases are tried de novo by the circuit judge; jury cases are reviewed on the recorded record. Filing an appeal stays enforcement.
How do I collect a small claims judgment in West Virginia?
Judgments may be enforced by execution, suggestion (garnishment), and suggestee execution (wage garnishment); the magistrate court charges $5 for each.
Where can I get small claims court forms in West Virginia?
West Virginia's small civil claims are filed in magistrate court; the Judiciary's forms do not use a separate "small claims" form. The statewide magistrate court complaint forms are the Civil Complaint (SCA-M207), Civil Complaint - Commercial Creditor / Contract Action (SCA-M208) and Civil Complaint: Worthless Check (SCA-M337), with the Information Sheet: Civil Case Plaintiff (SCA-MI-400).

Small claims limits in all 50 states and DC · Small claims court in other states

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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.