What Is a Small Claims Court in West Virginia?
In West Virginia, the small claims courts are magistrate court divisions with jurisdiction over civil matters where the disputed amount is no greater than $10,000. Small claims courts in West Virginia have limited jurisdiction, and while a judge usually decides cases, a case party can demand a jury trial. Litigants of a small claims action are allowed to represent themselves in court or hire the services of an attorney.
Per West Virginia Code §50-2-1, the small claims court's jurisdiction includes:
- Civil actions where the money or amount in controversy is not above $10,000.
- Actions where the property value, excluding interest, does not exceed $10,000.
- Matters of unlawful entry of real property or wrongful occupancy of a residential property, provided the property's ownership is not disputed.
The following are case types that can be filed in the West Virginia small claims courts.
- Breach of contract
- Return of a security deposit
- Personal injury
- Personal property damage
- Professional negligence
- Loan repayment
- Unlawful eviction or eviction notice
How Does the West Virginia Small Claims Court Work?
Generally, there are two main parties in a small claims case: the "plaintiff" who makes the complaint and the "defendant" who responds to it. A small claims court case in West Virginia kicks off when a plaintiff files a complaint at the office of the clerk of a magistrate court with jurisdiction over the case. Jurisdiction is determined by the county where the property in dispute is located or where the defendant lives. The complaint will include the plaintiff's explanation of the claim and demand for relief either through financial compensation or the return of a property. The parties in a small claims suit can be individuals or business entities.
After filing, the clerk will serve the summons and complaint on the defendant through the sheriff. The defendant must respond to the complaint and serve the answer upon the plaintiff within twenty days of service. If the case concerns an unlawful entry into residential property, the answer must be served within five days. The defendant may choose to state their defense when responding to the claim or do so during the trial.
The defendant may also submit a counterclaim if they believe that the plaintiff owes them. The counterclaim can be filed along with the defendant's answer.
Either party in a small claims case can opt for a jury trial when the disputed amount is above $20 or involves real estate. Parties can request in writing at any point after filing, but no later than twenty days after filing an answer or five days after service in unlawful occupation of residential property cases.
A trial date will be fixed after the defendant responds to the summons, and the trial will be conducted. On the trial day, the parties will have the opportunity to present their case and witnesses before a judge. If a jury trial was requested, a panel of ten people would be appointed to serve as the jury. The parties can reduce this number to six.
A party dissatisfied with a case ruling can file a motion requesting that the judgment be set aside, and a new trial commences. This should be done within twenty days of the court's decision. Afterward, the magistrate will schedule a hearing and will set aside the judgment and order a new trial, provided there is a good cause. The losing party can also file an appeal with the circuit court by submitting a notice of appeal at the magistrate court within twenty days of the judgment, or within twenty days after the magistrate denied the motion for a new trial.
How to Take Someone to Small Claims Court in West Virginia
An aggrieved party who decides to take another to a small claims court in West Virginia must file a complaint at the magistrate court of the county where the other party resides or where a business is located. The complainant will use the Civil Complaint Form, which is available at the clerk's office or online, to begin the case. It is important to have the exact name and physical address of the defendant to complete the form. The form should also include a brief statement explaining the reason for the claim and the amount desired from the defendant(s). Once the form is filled, it must then be filed in the appropriate court location and the filing fee paid. The locations of all magistrate courts across West Virginia can be found on the court information page of the West Virginia Judiciary's website.
Filing fees are charged based on the amount of the claim:
- For actions not above $500, the filing fee is $30.
- For claims above $1,000 but not $2,000, the filing fee is $40.
- For suits over $2,000, the filing fee is $50
- If the action is for non-monetary redress, the filing fee is $30
Any petitioner who cannot afford the filing fee can ask the magistrate clerk for a Fee Waiver Form and submit it, along with their income information, bills, debts, proof of social security, and other documents that prove their financial situation. The plaintiff will be exempted from paying the filing fee if the clerk is convinced of their request.
The clerk's office will deliver the complaint and a summons to the defendant through the sheriff. Once the defendant receives the summons, it is expected that they submit an answer to the complaint.
After service, the small claims court will schedule a time and a date for a trial and notify both parties by first-class mail, usually no less than twenty-one days before the trial date. Plaintiffs who do not get a notice of the hearing date six weeks after filing the case should check with the clerk's office to confirm if the summons was delivered successfully.
If the sued party does not file an answer within thirty days of service, the plaintiff can ask the magistrate clerk for a default judgment using an Affidavit for Default Judgment form. This means that the plaintiff will win by default, and the defendant will be responsible for paying the claim anyway. In responding to the claim, the defendant may also file a counterclaim against the plaintiff in the same court.
The court may schedule a pretrial hearing to decide if the case should be dismissed before trial. This may happen if the defendant's answer claims a lack of jurisdiction, if the plaintiff does not indicate the compensation desired, or if the service of process is incomplete. Parties are usually notified of this hearing no less than twenty-one days before the scheduled date.
If a case is not dismissed at a pretrial hearing, if no pretrial hearing is set, or no out-of-court agreement is reached, the case will typically proceed to trial in the small claims court. The trial allows both sides to present their case, witnesses, evidence, and cross-examine the other party's witnesses. If a jury trial is requested, the magistrate will assemble ten unbiased persons. The number can be reduced to six by a unanimous decision. The magistrate will instruct the jury on the law before arguments begin. The jury will only consider the evidence brought to court in reaching a verdict.
How Much Can You Sue For in West Virginia Small Claims Court?
Lawsuits filed in the small claims courts in West Virginia cannot exceed $10,000, whether the plaintiff seeks monetary compensation or return of a property. This limit also applies to defendants who decide to file a counterclaim.
The small claims court is also open to people with claims above $10,000. However, they must reduce their claims to the small claims court's jurisdictional limit.
How to Defend Yourself in West Virginia Small Claims Court
When private citizens receive a summons and complaint from a plaintiff, they become the defendants in a small claims action. Though parties in small claims cases can represent themselves, defendants can still seek legal advice to know how to proceed or hire an attorney to represent them.
When served, a defendant is expected to respond by filing an answer with the magistrate clerk. Also, the party must serve a copy of the answer on the plaintiff no more than twenty days after service. This answer may not include the sued party's defense as it can be presented later on at the hearing.
In responding to a small claims lawsuit, a defendant can choose to file a counterclaim upon finding out that the plaintiff owes them instead. The counterclaim can be filed along with the answer. If the opposite (i.e., the plaintiff's claim is valid), the defendant is encouraged to attempt settlement out of court. The defendant can choose to pay the total amount to the plaintiff or negotiate a payment plan to avoid the court trial.
Along with the right to legal representation, a defendant also has the right to a jury trial if it will be to their advantage. However, the amount in controversy must exceed $20 or must be a real estate matter for a jury trial to be permitted.
Generally, a defendant must recall facts accurately and have valid supporting documents (pictures, letters, contracts, witnesses, etc.) to build a good defense. The party can write out their statements before going to court and submit this statement to the court. It is important to come to court on time, dress appropriately, and be respectful to the magistrate court staff and judge. Most importantly, the defendant should tell the truth during the trial.
Defendants who receive an unfavorable judgment at the end of their trial can file a motion to set aside the judgment or file an appeal at circuit court for a new trial. However, note that these options should only be considered after seeking advice from an attorney. Also, when filing an appeal, the petition should be based on questions of the law and judicial errors, not just because the appellant lost the case.
How Long Do You Have to Take Someone to Small Claims Court in West Virginia?
The West Virginia small claims courts have statutes of limitation which indicate the timeframe in which a case can be filed in the court. The statutes of limitations include:
- Written contracts: 10 years
- Oral contracts: 5 years
- Personal injury claims: 2 years
- Property damage claims: 2 years
A case filed when the statute of limitation has elapsed will be dismissed.
What Happens If You Don't Show Up for Small Claims Court in West Virginia?
A defendant of a West Virginia small claims suit is expected to respond to their summons and attend their court hearing. A defendant who does not answer a summons or appear in court will have the magistrate enter a default judgment against them. The defendant can still file a motion to set aside this judgment. However, there must be a good reason for the non-attendance.
When a plaintiff does not show up for a small claims court hearing, the case will be dismissed. If the plaintiff has a counterclaim against them, the judge can enter a default judgment against them for the defendant.
What are Small Claims Court Records in West Virginia?
West Virginia small claims court records include summons, affidavits, docket sheets, claims, and witness testimonies. The records are available to the public for inspection or copying. These court records may exist in multiple formats, including paper copies, electronic copies, audiotapes, and videotapes.
Where Can I Find West Virginia Small Claims Court Records?
West Virginia's Freedom of Information Act gives everyone access to court records, as these records are considered public information. Generally, individuals do not need special permission to obtain these records unless the record has been barred from the public for legal reasons.
Individuals seeking West Virginia court records of small claims cases in West Virginia can visit the court where the cases were held. These records are accessible through the magistrate court clerk's office. Interested parties can find the locations of all magistrate courts in West Virginia using the search feature on the West Virginia Judiciary's website.
