In Pocahontas County, small claims cases up to $20,000 are heard by the Pocahontas County Magistrate Court (Magistrate Clerk, Pocahontas County Courthouse). Here is where it is, how to reach it and how to file.
Address: 900 Tenth Avenue, Marlinton, WV 24954 · Map
Phone: 304-799-6603
Court addresses, phones and hours change. Call the clerk before you go, and ask whether small claims are filed at this location.
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.
If the person or business you are suing is in another county, use that county's court instead. See all West Virginia counties.
West Virginia's magistrate court rules don't require a demand before filing. Make a free demand letter.
Magistrate Court Civil Complaint Get the form.
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. 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.
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. Bring receipts, photos, messages, the contract and your demand letter, with copies.
Want every detail? The full West Virginia filing guide covers each stage with a checklist.
Open the filing guideSmall claims in Pocahontas County are filed with the Pocahontas County Magistrate Court (Magistrate Clerk, Pocahontas County Courthouse), 900 Tenth Avenue, Marlinton, WV 24954. Phone: 304-799-6603.
Up to $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.
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.