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West Virginia Small Claims Court Limits
West Virginia has one of the highest small claims limits at $20,000. No limit for eviction suits.
Court Name: Magistrate Court
Official Website: https://www.courtswv.gov/lower-courts
Filing Fees in West Virginia
Filing fees vary based on the amount you're claiming:
| Claim Amount | Filing Fee |
|---|---|
| Typical Range | $25-75 |
Filing fees vary by county and claim amount. Service fees additional.
Serving the Defendant
Service must be completed at least 10 days before the trial date.
Allowed Service Methods:
- Personal service by sheriff
- Certified mail with return receipt
- Process server
Important: You must serve the defendant at least 10 days before the hearing date.
What to Expect at Your Hearing
After filing, you'll typically wait 30-60 days for your hearing date.
Attorneys Allowed: Attorneys are permitted in West Virginia Magistrate Court but most parties represent themselves.
Appeals
Either party may appeal to Circuit Court within 20 days.
West Virginia Statute of Limitations
You must file your lawsuit within these time limits from when the dispute occurred:
| Type of Claim | Time Limit |
|---|---|
| Written Contract | years |
| Oral Contract | years |
| Property Damage | years |
| Personal Injury | years |
Do I Need a Demand Letter Before Filing?
Sending a demand letter is recommended to demonstrate good faith before filing suit.
Create Your Free Demand Letter
Before going to court, try sending a demand letter. It's free, takes 5 minutes, and often resolves disputes without filing.
Create Free Demand LetterFrequently Asked Questions
What is the small claims court limit in West Virginia?
West Virginia has one of the highest small claims limits at $20,000. Cases are heard in Magistrate Court.
What is small claims court called in West Virginia?
In West Virginia, small claims cases are heard in Magistrate Court.
How long do I have to sue for breach of contract in West Virginia?
In West Virginia, you have 10 years for written contracts and 5 years for oral contracts from the date of breach.
How do I appeal a West Virginia small claims judgment?
Either party may appeal to Circuit Court within 20 days of the judgment.
More Resources: All State Guides | Demand Letter Templates | Statute of Limitations Lookup