Small claims court in West Virginia (2026)
In West Virginia you can sue for up to $20,000 in small claims. Court: Magistrate Court (civil). Lawyers: allowed. Appeal: either side, 20 days. For a broken written agreement you generally have 10 years to sue. Last checked .
West Virginia small claims at a glance
- Most you can sue for
- $20,000
- Court
- Magistrate Court (civil)
- Filing fee
- $50–$70
- Lawyers
- Allowed
- Appeal
- Either side, 20 days
Can you sue in West Virginia small claims?
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West Virginia small claims limit
$20,000
Enter the amount to compare it with the limit.
The rule: Civil actions where the amount in dispute or value of property sought is not more than $20,000, not counting interest and costs. No equity cases, title-to-land disputes, false imprisonment, malicious prosecution, slander or libel.
Deadline to sue (general rule)
10 years for this kind of claim in West Virginia. Enter the date it happened to see the last day.
Signed written contracts: 10 years. Other contracts, express or implied: 5 years. Damage to property: 2 years. Personal injury: 2 years.
Lawyers: Lawyers may represent either side.
Appeal: Any person may appeal to circuit court as of right within 20 days after judgment (or after a ruling on a motion to set it aside), posting a bond. A bench-trial case gets a new trial (de novo) before the circuit judge without a jury; a jury-trial case is reviewed on the record. The circuit court may allow a late appeal for good cause within 90 days of judgment.
Filing fee: Statewide costs collected in advance under § 50-3-1: the subsection (a) filing-and-trial fee by amount sought ($30 for $500 or less; $35 for $500.01-$1,000; $40 for $1,000.01-$2,000; $50 over $2,000; $30 for non-money relief) plus the separate $20 'for filing and trying any civil action' in subsection (g). The court's plaintiff information sheet gives the combined totals: $50, $55, $60 and $70 (non-money relief $50). Service is extra (clerk certified mail $20, first-class mail $5, sheriff $25 per defendant). Poor persons may proceed without prepaying.
The deadline shown is the general statute of limitations counted from the date you entered. The real deadline can be later (for example when the problem was discovered later or the other side left the state) or earlier (a contract can shorten it, and claims against a government agency often need a written notice first, on a much shorter clock). If you are close to it, file now or ask a legal aid office. This is legal information, not legal advice.
All West Virginia small claims rules →Write a demand letter →
Where to file and how much
- Court. West Virginia has no separate small claims court; magistrate courts hear civil cases with simplified procedure. File in the county where a defendant lives or where the claim arose (circuit court venue rules apply).
- Limit. Civil actions where the amount in dispute or value of property sought is not more than $20,000, not counting interest and costs. No equity cases, title-to-land disputes, false imprisonment, malicious prosecution, slander or libel. (in force since July 7, 2025)
- Filing fee. Statewide costs collected in advance under § 50-3-1: the subsection (a) filing-and-trial fee by amount sought ($30 for $500 or less; $35 for $500.01-$1,000; $40 for $1,000.01-$2,000; $50 over $2,000; $30 for non-money relief) plus the separate $20 'for filing and trying any civil action' in subsection (g). The court's plaintiff information sheet gives the combined totals: $50, $55, $60 and $70 (non-money relief $50). Service is extra (clerk certified mail $20, first-class mail $5, sheriff $25 per defendant). Poor persons may proceed without prepaying.
Who can sue and who can speak in court
- Any party may appear in person, by agent or by attorney; appearance by an agent is not the unlawful practice of law. Commercial creditors must itemize principal, interest, payments and credits in the complaint. No official source found addresses assignees.
- Before you file. The magistrate court statutes and rules found do not require a demand before filing.
- Jury and moving the case. Any party may elect a 6-person jury when more than $20 is in dispute, in writing no later than 20 days after service of the first answer. Before trial, a case involving $5,000 or more may be removed to circuit court by any party paying the circuit court filing fee; under $5,000 only if all parties agree.
How long you have to sue in West Virginia
The general statute of limitations, counted from the day the agreement was broken or the damage happened. Signed written contracts: 10 years. Other contracts, express or implied: 5 years. Damage to property: 2 years. Personal injury: 2 years.
| Kind of claim | Time to sue |
|---|---|
| Written contract | 10 years |
| Oral (spoken) agreement | 5 years |
| Damage to property | 2 years |
| Personal injury | 2 years |
Law: W. Va. Code § 55-2-6; W. Va. Code § 55-2-12(a), (b)
After the hearing: appeals and collecting
- Who can appeal
- Either side can appeal.
- Kind of appeal
- Depends on the court — see below
- Deadline
- Any person may appeal to circuit court as of right within 20 days after judgment (or after a ruling on a motion to set it aside), posting a bond. A bench-trial case gets a new trial (de novo) before the circuit judge without a jury; a jury-trial case is reviewed on the record. The circuit court may allow a late appeal for good cause within 90 days of judgment.
- Collecting the money
- Post-judgment execution, suggestion, garnishment and suggestee execution issue from magistrate court ($5 per enforcement service). Execution may issue within 10 years after the judgment date and be renewed by later executions.
Good to know in West Virginia
- The limit rose from $10,000 to $20,000 under 2025 HB 2761 (effective July 7, 2025).
- The defendant has 20 days after service to answer (30 days if served on an authorized agent).
- Use Civil Complaint form SCA-M207 (or SCA-M208 for commercial creditor / contract actions).
Official help and forms
- West Virginia courts: small claims self-help
- West Virginia small claims forms
- Write a demand letter before you file (free, stays in your browser)
Sources
- W. Va. Code § 50-2-1 (read October 18, 2026)
- 2025 HB 2761 bill history (read October 18, 2026)
- W. Va. Code § 50-2-2 (read October 18, 2026)
- W. Va. Code § 56-1-1 (read October 18, 2026)
- W. Va. Code § 50-3-1 (read October 18, 2026)
- W. Va. Code § 50-4-1 (read October 18, 2026)
- W. Va. Code § 50-4-4a (read October 18, 2026)
- W. Va. Code § 50-4-8 (read October 18, 2026)
- W. Va. Code § 50-5-8 (read October 18, 2026)
- W. Va. Code § 50-5-12 (read October 18, 2026)
- W. Va. Code § 55-2-6 (read October 18, 2026)
- W. Va. Code § 55-2-12 (read October 18, 2026)
- W. Va. Code § 38-3-18 (read October 18, 2026)
- WV Judiciary - Rules of Civil Procedure for Magistrate Courts (read October 18, 2026)
- WV Judiciary - Magistrate Courts (read October 18, 2026)
- WV Judiciary - Magistrate Court Forms (read October 18, 2026)
- Legal Aid WV - Going to Magistrate Court: How to file your own civil case (read October 18, 2026)
- WV Supreme Court of Appeals form SCA-MI 400, Information Sheet: Civil Case Plaintiff (read October 18, 2026)
Court information, not legal advice. Limits and fees change — confirm with the court before you file. How we check: methodology.
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