West Virginia Small Claims

In West Virginia, a small claims procedure is a more accessible method to settle minor civil cases involving less monetary value. Every state has laid down rules and procedures pertaining to small claims. Therefore, understanding West Virginia’s approach helps consumers, tenants, landlords, contractors, and small business owners recover money more easily, often without hiring a lawyer.

In West Virginia, small claims cases are handled by the Magistrate Courts. They are governed by Chapter 50 of the West Virginia Code and the Rules of Civil Procedure for Magistrate Courts.

What Is a Small Claims Court in West Virginia?

Magistrate Courts are trial courts of limited jurisdiction that hear civil cases involving money damages and certain landlord-tenant disputes. Typical cases that are heard in the Magistrate Court include unpaid debts or invoices, disputes over security deposits, simple contract claims, and minor property damages. Magistrate Courts also have jurisdiction over matters involving eviction proceedings and unlawful detainer, provided the title to the real estate is not contested.

Small Claims Court Limits in West Virginia

The Magistrate Court in West Virginia has jurisdictional limits for small claims cases up to $20,000, excluding court costs and interest. You may waive the excess to stay within the limit or file your case in the Circuit Court if your claims exceed the $20,000 amount. Magistrate Courts do not have the judicial authority to hear equity cases.

Also, disputes involving real estate title, defamation (slander/libel), malicious prosecution, or eminent domain are not within the jurisdiction of Magistrate Courts in West Virginia. A party may elect a jury when the amount in controversy is more than $20 or the case involves possession of real estate. This request is made in writing no more than 20 days after the first answer is filed.

How to File a Small Claims Case in West Virginia

Residents in West Virginia may follow certain steps when filing a small claims case in the state:

1) Prepare your complaint. To begin a small claims process, you may use the judiciary's Civil Complaint (SCA-M207) form. You may also fill out and submit additional small claims civil forms, including Answer SCA-M225, Affidavit of Default SCA-M429-2, and the commercial creditor complaint form. They are available on the county court’s websites.

2) File in the proper county and pay fees. You may file your case with the Magistrate Court Clerk in West Virginia. This is typically done in the county where the defendant lives or where the incident happened (venue and court procedural rules are established by statute). The clerk is tasked with entering your case on the court docket and issuing a summons.

3) Serve the defendant correctly. The plaintiff is required to arrange a proper service of the complaint and summons. In the Magistrate Court, civil cases follow Rule 4 (same as trial courts of record). In most cases, the sheriff serves the process, though other court-approved methods are available.

The defendant isrequired to file an answer generally 20 days after service. The court allows a period of 30 days if service was carried out by an authorized agent or by out-of-state methods. The timeframe for cases such as unlawful entry/wrongful occupation is shorter; this takes only 5 days.

4) Lawyers and Hearings. Parties may appear in person, hire an agent, or an attorney in the Magistrate Court. The law typically permits non-lawyer agents to appear on behalf of an organization in court.

5) Evidence and Trial Preparation. You are required to organize and label exhibits (contracts, invoices, photos, texts/emails, and repair estimates). Also, the court may ask you for a witness testimony and a short chronological outline of events. Magistrate Courts follow Circuit Court standards unless a specific magistrate rule (Chapter 50) applies.

Small Claims Court in Major West Virginia Locations

The following describes the local procedures that apply in each county and how to file a small claims case in West Virginia:

• Kanawha County (Charleston). The public may find useful information on the county website specifying the location of the Magistrate Court, including their roster (this contains the names, divisions, and the counties they serve). You may file a small claims case with the Kanawha Magistrate Court Clerk. The clerk provides information about fees and scheduled hearing dates upon request.
• Monongalia County (Morgantown). The public may find information about the Monongalia County Justice Center from the Magistrate Court Clerk located on High Street. Magistrate Court forms are accessible via the West Virginia Courts website.
• Berkeley County (Martinsburg). The Berkeley Magistrate Court is located at 380 W. South Street. The clerk’s phone is listed on the county’s page, and you may verify hearing dates and service procedures from the court clerk.

To properly file a small claims case, you may verify the appropriate courthouse, statutory fees, and work hours with your county Magistrate Court Clerk.

What to Expect at a Small Claims Hearing in West Virginia

Most small claims are held as bench trials before a magistrate unless a party requests a jury in time. The plaintiff presents first, then the defendant, and the magistrate decides the case based on the preponderance of evidence. If a defendant who was served in the appropriate way outlined by statute fails to file an answer or appear for a hearing, the court may enter a default judgment. The plaintiff will be required to submit proof of the amount owed using the default affidavit form.

Appeals and Post-Judgment

• Appeal of right: Any party may appeal to the Circuit Court by first filing in the Magistrate Court within 20 days after judgment (or 20 days of a ruling on a motion to set aside the judgment). Filing the appeal typically delays enforcement of the judgment. If the 20-day deadline lapses, the Circuit Court may grant an appeal for good cause within 90 days of the original judgment.
• Standard on appeal: If the case in the Magistrate was decided without a jury, the appeal is considered a trial de novo in the Circuit Court. If the original trial included a jury in Magistrate court, the appeal is reviewed based on the existing record.

How to Search for Small Claims Records in West Virginia

West Virginia offers access to small claims records both at the magistrate and circuit court levels:

1. Magistrate Case Record Search. The public may find Magistrate Court case information (civil and criminal) on the statewide portal. Anyone may perform a lookup using a name or case number. Available information includes a case number, names of parties, case type, events, and final dispositions, although document images are not accessible online. Requests for copies or certified records may be directed to the Magistrate Court Clerk in the county where the case was filed.
2. Court Records Access (Circuit Courts). The West Virginia Judiciary’s portal allows individuals to find Circuit Court records statewide. As of 2025, the West Virginia Public Access Search System (WVPASS) allows registered users to search and download public Circuit records dating back to 1999.To access these records, record seekers are required to pay a small fee. This portal is helpful if your case was appealed to the Circuit Court.

Public vs. sealed. In West Virginia, small claims (Magistrate) dockets are generally public, but sensitive or sealed records may not be available online. Individuals may request official or certified records from the clerk’s website; request certified copies from the clerk when you need enforceable proof.