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West Virginia · Small claims guide · Updated Oct 2026

Get your money back in West Virginia small claims court

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.

$20,000Max you can sue for
$30–$50Filing fee
OptionalLawyers allowed, not required
1–3 monthsTypical wait from filing to hearing

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    How to sue in West Virginia small claims, step by step

    1. Ask for payment in writing

      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.

    2. Pick the right court

      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.

    3. Fill in the claim Civil Complaint

      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.

    4. Pay the filing fee

      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).

    5. Have the papers served

      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).

    6. Prepare for the hearing and collect

      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 guide

    What's different in West Virginia

    Free demand letter

    Fill 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.

    Your details stay in your browser. Nothing you type here is sent to our server.

    About you
    Who owes you
    Your demand

    Don't put your bank account number in the letter. A check or Zelle to your phone or email is enough.

    Deadlines to sue in West Virginia

    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 claimDeadline
    Broken written contract (lease, invoice, signed agreement)10 years
    Broken verbal agreement5 years
    Damaged property2 years
    Personal injury2 years
    Fraud2 years
    Libel or slander1 year
    Claims against a government agencyClaims against the State of West Virginia generally can't go to magistrate court and follow special procedures; ask the clerk first.

    Common questions

    Can I bring a lawyer?

    Yes. You can bring a lawyer or represent yourself. The magistrate will explain trial procedure to people without a lawyer.

    What if I'm owed more than $20,000?

    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.

    Can I appeal if I lose?

    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.

    Can I get an interpreter?

    Tell the magistrate clerk before the trial if you need an interpreter.

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