How to File a Counterclaim in West Virginia Small Claims Court

Someone is suing you in West Virginia Magistrate Court, but you believe they actually owe you money from the same dispute. A contractor billed you for unfinished work but damaged your property in the process. A former landlord is claiming unpaid rent but never returned your security deposit. You do not have to file a separate lawsuit — you can counterclaim directly on the same form you use to respond.

Counterclaims Go on Form SCA-M225

In West Virginia Magistrate Court, you assert a counterclaim within your Answer on Form SCA-M225. There is a designated space on the form where you describe your own claim against the plaintiff. Under Rule 5 of the Rules of Civil Procedure for Magistrate Courts and W. Va. Code § 50-4-9, counterclaims within the court's jurisdiction are permitted in a civil answer.

There is no filing fee for a counterclaim. You check the appropriate box on SCA-M225, write a brief factual description of what happened and how much you are owed, and file the form with the clerk — all at no cost.

What to Include in the Counterclaim

Keep it factual and concise. The form provides limited space, so focus on:

• What happened — the transaction or event giving rise to your claim
• When it happened — relevant dates
• The amount you are seeking — a specific dollar figure
• Why the plaintiff owes it — breach of contract, property damage, unreturned deposit, etc.

You do not need to cite legal theories or statutes. Just state the facts clearly enough that the magistrate understands what you are claiming and how much.

The $20,000 Jurisdictional Limit

West Virginia Magistrate Courts have a $20,000 ceiling on the amount in controversy in civil actions, exclusive of interest and court costs (raised from $10,000 by House Bill 2761 in July 2025). Your counterclaim must not exceed this limit. If your damages exceed $20,000, the claim is outside the court's jurisdiction. Before dismissal, there are two possible routes under W. Va. Code §§ 50-4-8 and 50-4-11:

1. Waive the excess — the claimant may file a written waiver forgiving any amount over $20,000 under § 50-4-11.
2. Remove or dismiss — either party may remove the action to Circuit Court under § 50-4-8 by filing a written motion at least 10 days before the first scheduled trial and paying the filing fee. If the claim is not waived or removed, it must be dismissed without prejudice under § 50-4-11.

For most defendants with counterclaims in the typical small claims range, the limit is not an issue.

Permissive, Not Compulsory

West Virginia treats magistrate court counterclaims as permissive, not compulsory. If you choose not to counterclaim now, you are not barred from bringing that claim in a separate lawsuit later. This differs from Circuit Court practice where some counterclaims must be raised or are waived.

So if your counterclaim is complicated or involves different facts than the plaintiff's complaint, you can answer without a counterclaim and file your own separate case later. But if the counterclaim arises from the same transaction — the same contractor job, the same lease, the same sale — filing it now saves time and court appearances.

What Happens After You File

The plaintiff does not need to file a written reply to your counterclaim. Under Magistrate Court rules, the counterclaim is automatically deemed denied. Both the original complaint and your counterclaim are heard together at the same trial.

The clerk schedules one hearing for both claims. You present your evidence supporting the counterclaim just as the plaintiff presents evidence supporting theirs. The magistrate can award money to either side — or to both, with the amounts offset against each other.

The West Virginia Small Claims Response Guide walks through the counterclaim process in detail, including how to organize your evidence and what to expect when both claims are tried together.

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