How to File Small Claims in West Virginia: Step-by-Step

Before You File: Send a Demand Letter

West Virginia doesn't legally require a demand letter before filing in Magistrate Court, but sending one is smart for two reasons. First, it sometimes resolves the dispute without court. Second, it becomes evidence of the defendant's refusal to pay if the case goes to trial.

Send your demand letter by certified mail with return receipt requested. State the amount owed, the basis for the claim, and a reasonable deadline — 14 to 30 days is standard. Keep the tone factual. If the deadline passes with no response, you're ready to file. For statutory claims such as security-deposit refunds, make sure the required waiting period has also expired before filing.

Step 1: Identify the Correct Defendant

This is where many cases go wrong before they start. You need the defendant's exact legal name — not just a business's trade name.

For individuals, use their full legal name. For businesses, search the West Virginia Secretary of State's Business Entity Search portal to find the registered legal name, organization number, and registered agent address. A sole proprietor operating under a DBA (doing business as) name gets sued under their personal name plus the trade name.

Corporations and LLCs must be named exactly as registered with the Secretary of State. Getting this wrong means your judgment may be unenforceable even if you win.

Step 2: Pick the Right County

File in the Magistrate Court of the county where the defendant lives or where the dispute occurred — where a contract was signed or breached, where property was damaged, or where a rental unit sits. If you're suing multiple defendants in different counties, you can file where any one of them lives or where the underlying transaction happened.

Filing in the wrong county gives the defendant grounds to have your case dismissed or transferred at your expense.

Step 3: Choose and Complete Your Form

Two main complaint forms exist:

• SCA-M207 (Civil Complaint) — the standard form for most claims including property damage, deposit disputes, and general debts
• SCA-M208 (Civil Complaint – Commercial Creditor/Contract Action) — for contract-based claims, unpaid invoices, and commercial debts, requiring itemized payment history

Both forms are available at courtswv.gov. You'll also need to fill out SCA-MI-400 (Information Sheet: Civil Case Plaintiff), which collects background details and explains the process.

Write a clear, factual statement of your claim: dates, amounts, what was agreed, and how the defendant breached. Attach copies of key evidence — contracts, invoices, photos, correspondence.

Step 4: File and Pay

Take or mail your completed forms, attachments, and payment to the Magistrate Clerk's office in the correct county. Filing fees run $50 to $70 depending on the amount claimed. For a mailed filing, include a certified check or money order for the required fee. For an in-person filing, check the county clerk's current payment instructions.

West Virginia's Magistrate Courts do not offer electronic filing for pro se litigants. Paper filing at the clerk's office or by mail is the standard.

Step 5: Serve the Defendant

After filing, the clerk issues a summons and arranges service. The default method is certified mail through the Magistrate Assistant. If the defendant or an authorized agent signs the green return receipt card, service is complete.

If certified mail comes back unclaimed or refused, request sheriff personal service ($25–$30 per defendant). The sheriff delivers the documents to the defendant or an adult resident at the defendant's usual place of abode. A private process server — a non-party West Virginia resident aged 18 or older — is another option.

You have six months from the initial complaint filing date to complete service. Under Magistrate Civil Rule 18(a), the court must dismiss the action without prejudice if service is not completed in that period.

Step 6: Wait for the Defendant's Response

The defendant has 20 calendar days after ordinary service to file an Answer (Form SCA-M225), or 30 calendar days if service is made on a statutory agent or the Secretary of State. If they don't respond, you can request a default judgment by filing Form SCA-M429 along with a military service affidavit.

If the defendant does respond, the court typically schedules a hearing 30 to 60 days after the answer window expires. You'll receive notice by mail at least 21 days before the hearing date.

What to Expect at the Hearing

Magistrate Court hearings are relatively informal but follow a structured process. Bring three printed copies of all your evidence. Present your case clearly: what happened, what you're owed, and your documentation proving it.

The magistrate may rule immediately or issue a written judgment within seven days. If you win, the losing party has 20 days to appeal to Circuit Court.

For the complete filing process with form instructions, fee calculations, service tracking, and hearing preparation tools, the West Virginia Small Claims Filing Guide walks through each stage with the specific documents and deadlines you'll encounter.

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