A landlord kept your deposit, a contractor walked off the job, a dry cleaner ruined your coat. In West Virginia you can sue for up to $20,000 in the Magistrate Court, without hiring a lawyer. Check your case below, then follow six steps.
Answer a few questions. The result updates as you type.
West Virginia's magistrate court rules don't require a demand before filing. A short, dated demand letter is the best proof. Use the generator below and keep a copy.
The magistrate court clerk in the right county, usually where the defendant lives or where the problem happened. Give a street address, not a P.O. box.
Magistrate Court Civil Complaint. The court sets a trial after the answer and mails notice at least 21 days before it. If you hear nothing within six weeks of filing, call the clerk.
The state fee law sets $30 for claims up to $500, $35 up to $1,000, $40 up to $2,000, and $50 above that. Other charges, including sheriff service, are added, so ask the magistrate clerk for your exact total. If you can't afford it, ask for a fee waiver: Fee waiver form from the magistrate clerk (with proof of income or benefits).
The sheriff usually delivers the complaint and summons to the defendant. It can take a few days to a few weeks. After being served, the defendant has 20 days to answer (30 days if served through an agent).
Bring receipts, photos, texts, the contract and your demand letter, with three copies of each. The court doesn't collect for you. If they don't pay, you can ask for an execution against property or a suggestion (garnishment) of wages or bank accounts.
Want every detail? The full filing guide walks you through all 7 stages, from finding the defendant's legal name to collecting your money, with a checklist.
Open the filing guideFill in the details, then download the letter as a PDF or Word file, or copy the text. Send it by certified mail or email so you can prove the date.
Miss this date and the court will dismiss your case, however strong it is. Libel and slander can't be filed in magistrate court.
| Type of claim | Deadline |
|---|---|
| Broken written contract (lease, invoice, signed agreement) | 10 years |
| Broken verbal agreement | 5 years |
| Damaged property | 2 years |
| Personal injury | 2 years |
| Fraud | 2 years |
| Libel or slander | 1 year |
| Claims against a government agency | Claims against the State of West Virginia generally can't go to magistrate court and follow special procedures; ask the clerk first. |
Yes. You can bring a lawyer or represent yourself. The magistrate will explain trial procedure to people without a lawyer.
You can sue for up to $20,000, not counting interest and costs. The limit rose from $10,000 on July 7, 2025. Magistrate courts can't hear libel or slander, false imprisonment, or disputes over title to land. Otherwise, you can give up the amount above the limit, or file a regular civil case where the rules are stricter.
Either side can appeal to circuit court within 20 days. If there was no jury, the circuit judge holds a new trial; after a jury trial, the appeal is on the record. A bond is usually required.
Tell the magistrate clerk before the trial if you need an interpreter.