How to File Small Claims in West Virginia (2026)
A complete step-by-step guide to filing in West Virginia's Magistrate Court — including fees, limits, and what to bring to your hearing.
Step-by-Step: Filing Small Claims in West Virginia
Confirm your claim qualifies
Your claim must be for money only — not an injunction or other remedy. In West Virginia, the maximum you can sue for in small claims court is $10,000. If your damages exceed this amount, you can either reduce your claim to fit the limit or file in a higher civil court.
Check the statute of limitations
You must file within the statute of limitations for your claim type. In West Virginia: written contracts — 10 years, oral contracts — 5 years, property damage — 2 years. Filing after the deadline means your case will be dismissed.
Gather your evidence
Before filing, organize all evidence supporting your claim: contracts, invoices, receipts, photos, text messages, emails, and witness information. Bring originals plus at least 3 copies to your hearing (one for the judge, one for the defendant, one for yourself).
Get the claim form
Obtain the plaintiff's claim form from the Magistrate Court in the county where the defendant lives or where the dispute occurred. Many West Virginia courts also offer forms on their website. Fill out the defendant's full legal name and address accurately — incorrect defendant information can get your case dismissed.
File and pay the fee
Submit your completed form to the court clerk and pay the filing fee of $30–$100. If you cannot afford the filing fee, ask the clerk for a fee waiver form (typically based on income below 125% of the federal poverty level).
Serve the defendant
The court will assign a hearing date. You are required to formally notify (serve) the defendant. West Virginia courts typically allow service by certified mail, sheriff, or process server. Keep proof of service — you will need it at the hearing.
Attend your hearing
Arrive early and dressed professionally. Present your case clearly and concisely. Stick to the facts, show your evidence, and let the judge ask questions. The defendant will have a chance to respond. Most small claims hearings last 15–30 minutes. Tip: West Virginia has a 10-year statute of limitations on written contracts — very plaintiff-friendly.
Collect your judgment
Winning a judgment does not automatically mean you get paid. If the defendant does not pay voluntarily, you may need to file for wage garnishment, bank levy, or a lien on their property. Ask the court clerk about enforcement options in West Virginia.
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| Court name | Magistrate Court |
| Maximum claim limit | $10,000 |
| Filing fee | $30–$100 |
| E-filing fee | Not available |
| Written contract SOL | 10 years |
| Oral contract SOL | 5 years |
| Property damage SOL | 2 years |
Source: West Virginia Magistrate Court ↗