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Small claims forms · West Virginia

West Virginia small claims court forms, filled in for you

Answer a few questions once. Vera fills in the West Virginia court's own forms from your answers, walks you through anything left, and gives you one packet to file, with how to file it.

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If you were sued: your answer is due 20 days after you were served. Source: Rules of Civil Procedure for Magistrate Courts, Rule 4(b), and the Answer (SCA-M225).

To sue (you're the plaintiff)

  • Civil Complaint (SCA-M207)

    For most money claims, including a tenant's security deposit.

    The court's own form (www.courtswv.gov)

    What to know
    • This is the West Virginia Supreme Court of Appeals' magistrate court form (IN THE MAGISTRATE COURT OF ___ COUNTY). The magistrate court hears civil actions where the amount in controversy, not counting interest and costs, is not more than $20,000 (W. Va. Code § 50-2-1).
    • File in the magistrate court of a county where a defendant lives or where the claim arose; against a corporation, where its principal office is (W. Va. Code §§ 50-2-2(a), 56-1-1(a)). Vera fills the county only when your court's name, as you saved it, gives a West Virginia county; leave the case number for the clerk if you have none.
    • Vera filled the county, the case number if your case has one, you as plaintiff and the defendant, and your name after "The above-named plaintiff or" (the form copies the plaintiff's name there itself; if someone files for you, put their name there and the capacity they act in). From your answers in Court forms it filled both addresses and phones, a second defendant's name, address and phone on the right if you named one, the statement of the claim (what the money is for, and how you added it up) and, as the relief, the amount you ask for and, if you ask for interest, the interest with the rate and the date you gave (the form).
    • Check them. Each defendant needs a physical address: "a post office box alone is not enough" for service by the sheriff. The first and last name of each defendant is required. Add the date the claim arose to the statement, and anything else you ask for as relief (the form; SCA-MI 400).
    • Vera never signs or dates a form: sign and date the complaint. A jury trial is optional: sign the Notice of Election within 20 days after the first timely answer is served, or you give up the right; the jury fee is charged to the losing party or may be split if the case settles (the form; Rules of Civil Procedure for Magistrate Courts, Rule 6A).
    • Filing costs are collected in advance: "$ 0.01 to $ 500.00: the cost is $50.00", $55.00 up to $1,000.00, $60.00 up to $2,000.00 and $70.00 from $2,000.01 to $20,000.00, each "plus service fees"; $50 when you ask for relief other than money. An affidavit of indigency may waive them. You may hand in a copy of a bill or estimate; "No judgment by default may be granted without enough proof of your claim" (Information Sheet: Civil Case Plaintiff, SCA-MI 400).
    • The clerk prepares the summons (W. Va. Code § 50-4-1). You choose how the defendant is served and pay for it: certified mail through the clerk ($20), first-class mail ($5; complete only if the defendant returns the acknowledgment), the sheriff ($30 per defendant), or a private process server or another person over 18 who is not a party (no court fee) (SCA-MI 400).
    • The defendant has 20 days after service to file an answer, 30 if served through an agent authorized to accept service (Rules of Civil Procedure for Magistrate Courts, Rule 4(b)). If the defendant answers, a trial date is set. If not, you may file an affidavit for default judgment 21 days after service (31 through an agent); if service is not completed and you take no further action within 6 months of filing, or you do not ask for default within 6 months of service, the case is dismissed without prejudice (SCA-MI 400).
    • Any party may appear in person, by agent or by attorney, and appearance by an agent is not the unlawful practice of law (W. Va. Code § 50-4-4a).
    • For a residential security deposit: the landlord must return it, less allowed deductions, with a written itemization within 60 days after the tenancy ends or 45 days after a new tenant moves in, whichever is shorter; if the failure is willful or not in good faith, the tenant may recover the deposit plus damages "equal to one and a half times the amount wrongfully withheld"; file in the county where the rental is (W. Va. Code §§ 37-6A-1(7), 37-6A-2(a), 37-6A-5).

  • Civil Complaint: Commercial Creditor/Contract Action (SCA-M208)

    Only if you are a commercial creditor suing on a contract or note.

    The court's own form (www.courtswv.gov)

    What to know
    • A commercial creditor's statement must set out the original obligation, the principal and interest parts, the date and amount of each payment, any credit for the sale of repossessed collateral, and the amount due (W. Va. Code § 50-4-1); this form has a place for each. This is the West Virginia Supreme Court of Appeals' magistrate court form (IN THE MAGISTRATE COURT OF ___ COUNTY). The magistrate court hears civil actions where the amount in controversy, not counting interest and costs, is not more than $20,000 (W. Va. Code § 50-2-1).
    • File in the magistrate court of a county where a defendant lives or where the claim arose; against a corporation, where its principal office is (W. Va. Code §§ 50-2-2(a), 56-1-1(a)). Vera fills the county only when your court's name, as you saved it, gives a West Virginia county; leave the case number for the clerk if you have none.
    • Vera filled the county, the case number if your case has one (it repeats on page 2), you as plaintiff and the defendant, and from your answers in Court forms both addresses and phones. The form has one block for the defendant(s): if you sue a second defendant, add their name, address and phone there. Add who makes the allegations and in what capacity, who made the contract or note and its date, the arrears and how it was breached, the original obligation, the payments credited, any collateral and the relief on page 2. Attach a page listing the dates and amount of each payment (the form). Vera writes no amount.
    • The complaint is sworn: sign it before a notary public, magistrate assistant or magistrate clerk, who completes "Taken, subscribed, and sworn or affirmed before me" (the form). Vera never signs or dates a form. A jury trial is optional: sign the election on page 2 within 20 days after the first timely answer is served (the form; Rule 6A).
    • Filing costs are collected in advance: "$ 0.01 to $ 500.00: the cost is $50.00", $55.00 up to $1,000.00, $60.00 up to $2,000.00 and $70.00 from $2,000.01 to $20,000.00, each "plus service fees"; $50 when you ask for relief other than money. An affidavit of indigency may waive them. You may hand in a copy of a bill or estimate; "No judgment by default may be granted without enough proof of your claim" (Information Sheet: Civil Case Plaintiff, SCA-MI 400).
    • The clerk prepares the summons (W. Va. Code § 50-4-1). You choose how the defendant is served and pay for it: certified mail through the clerk ($20), first-class mail ($5; complete only if the defendant returns the acknowledgment), the sheriff ($30 per defendant), or a private process server or another person over 18 who is not a party (no court fee) (SCA-MI 400).
    • The defendant has 20 days after service to file an answer, 30 if served through an agent authorized to accept service (Rules of Civil Procedure for Magistrate Courts, Rule 4(b)). If the defendant answers, a trial date is set. If not, you may file an affidavit for default judgment 21 days after service (31 through an agent); if service is not completed and you take no further action within 6 months of filing, or you do not ask for default within 6 months of service, the case is dismissed without prejudice (SCA-MI 400).
    • Any party may appear in person, by agent or by attorney, and appearance by an agent is not the unlawful practice of law (W. Va. Code § 50-4-4a).

If you were sued (you're the defendant)

  • Answer (SCA-M225)

    The court's own form (www.courtswv.gov)

    What to know
    • File your answer with the magistrate court within 20 days after you were served with the summons and complaint, or 30 days if they were served on an agent or attorney in fact authorized to accept service for you, and serve a copy on the plaintiff (Rules of Civil Procedure for Magistrate Courts, Rule 4(a), (b)). "One copy of this answer must be filed with the court and one copy must be mailed or delivered by hand to the attorneys for all other parties or to the parties themselves if they are not represented by attorneys" (the form).
    • If you do not answer or defend, a judgment by default may be entered against you; the plaintiff may ask for it 21 days after service (Information Sheet: Civil Case Defendant, SCA-MI 401NP; Rule 10).
    • This is the West Virginia Supreme Court of Appeals' magistrate court form. Vera filled the county (only when your court's name, as you saved it, gives a West Virginia county), the case number if your case has one, the plaintiff, and your name as defendant, after "I," and in the Certificate of Service. Check them against the complaint you were served.
    • From your answers in Court forms, Vera marked how you answer: confessing judgment if you agree you owe it, denying if you disagree with all of it, or admitting in part and denying in part; and "asserting a counterclaim" if you sue back. Under "and further state" it wrote the amount you agree you owe (if you dispute part of it), why you disagree and your counterclaim (the amount, the date if you gave it, and what it is for), and it filled your address and phone. Mark "raising defense(s)" or a cross-claim yourself if they apply, and explain them there too (the form).
    • A counterclaim is any claim you have against the plaintiff within the magistrate court's jurisdiction; it costs nothing extra and needs no reply (Rule 5; SCA-MI 401NP).
    • In the Certificate of Service, Vera filled the plaintiff's name and the address you gave for them as the party served. If the plaintiff has an attorney, serve the attorney and write the attorney's name and address instead. Add the date and whether by hand or by first-class mail (the form). Vera never signs or dates a form: sign and date the answer and the certificate.
    • You may ask for a jury trial in writing within 20 days after you serve your answer, or you give up the right; the jury fee is charged to the losing party or may be split if the case settles (Rule 6A; SCA-MI 401NP). Any party may appear in person, by agent or by attorney, and appearance by an agent is not the unlawful practice of law (W. Va. Code § 50-4-4a).

Checked against the court's own forms and rules. Courts change forms; check with the clerk before you file. This page is general information, not legal advice.