West Virginia (WV)
Small Claims Court in West Virginia
Reviewed May 11, 2026
Suing for under $10,000 in West Virginia? You do not need a lawyer. This page covers the rules, the filing fee, the forms, and what to bring on hearing day - written for people who have never been to court.
West Virginia small claims at a glance
- Jurisdictional limit
- $10,000
- Filing fee
- $60
- Court name
- Magistrate Court
- Controlling statute
- W. Va. Code § 50-2-1
- Attorneys permitted
- Yes
- Appeal window
- 20 days
The 5-step process in West Virginia
- Send a demand letter. Many West Virginia courts expect proof of a pre-suit demand attempt. See our demand letter guide for a template.
- File the complaint. Pay the $60 filing fee at the magistrate court. The clerk assigns a case number and a hearing date.
- Serve the defendant. West Virginia typically requires sheriff service, process server, or certified mail with return receipt. Personal service by the plaintiff is usually not allowed.
- Prepare for the hearing. Bring three copies of every document, a one-page chronology, the demand letter with proof of service, and an itemized damages calculation.
- Collect after you win. A judgment is a piece of paper. Collection in West Virginia happens via wage garnishment, bank levy, or property lien - a separate process that can take 3-12 months.
Attorneys in West Virginia small claims
Attorneys may represent parties.
Common questions about West Virginia small claims
How much can I sue for in West Virginia small claims court?
West Virginia small claims court handles claims up to $10,000. If your claim is worth more, you can still use small claims by agreeing to drop the amount above the limit, or you can file in regular civil court instead.
How much does it cost to file a small claims case in West Virginia?
The filing fee in West Virginia is typically $60, paid at the magistrate court. If paying the fee would be a hardship, most courts let you ask for a fee waiver.
Can a lawyer represent me in West Virginia small claims court?
Attorneys may represent parties. Either way, most people handle small claims on their own — the process is designed to be used without a lawyer.
How long do I have to appeal a small claims decision in West Virginia?
You generally have 20 days after the judgment is entered to file an appeal in West Virginia. Check the paperwork the court gives you for the exact deadline and where to file.
Do I need a lawyer to file a small claims case in West Virginia?
No. Small claims court in West Virginia is built for people representing themselves. You bring your documents, explain what happened in plain terms, and the judge decides. Organizing your evidence ahead of time is the most useful step you can take.