How to file small claims in West Virginia

Sue for up to $10,000 in the Magistrate Court; filing fee around $75.

West Virginia Magistrate Courts hear claims up to $10,000, with lawyers allowed and an appeal to Circuit Court.

• Dollar limit: $10,000
• Filing fee: $75 — About $50–$75 plus service.
• Where to file: Magistrate Court
• Lawyers at the hearing: allowed

1. Confirm your claim is at or under the dollar limit and within the statute of limitations for your claim type.
2. Send a written demand letter first — most courts expect it, and it often gets you paid without filing.
3. Get the correct filing form (often a "Statement of Claim" or "Plaintiff's Claim") from the Magistrate Court clerk or the court's website.
4. File the form with the Magistrate Court for the county where the defendant lives or where the dispute happened, and pay the filing fee.
5. Arrange service of process so the defendant is officially notified (by the sheriff, certified mail, or a process server, per local rules).
6. Gather your evidence — contract, texts, photos, receipts, the demand letter — and bring organized copies to your hearing.
7. Show up on your court date and present your case; if you win, ask the judge how to collect the judgment.

What are you suing for?

• Suing for unpaid loan in West Virginia: 10 years to file
• Suing for security deposit in West Virginia: 10 years to file
• Suing for property damage in West Virginia: 2 years to file
• Suing for unpaid rent in West Virginia: 10 years to file
• Suing for contractor dispute in West Virginia: 5 years to file

Source: W. Va. Code § 50-2-1. Reviewed 2026-06-17 (verify with the court clerk).

Nearby states: Pennsylvania ($12,000) · Ohio ($6,000) · Kentucky ($2,500) · Virginia ($5,000) · Maryland ($5,000).

General legal information, not legal advice. Rules change and vary by county and court; consult a licensed attorney or your court clerk.

Updated July 2026