How to Respond to Small Claims Court in West Virginia

You open the mailbox and find a certified letter from a West Virginia Magistrate Court. A contractor, former landlord, or someone else is suing you for money. The clock is already running — you have exactly 20 calendar days from the date you were served to file and serve a written answer, and missing that deadline means the court can enter a judgment against you without ever hearing your side.

Here is exactly what to do.

Read Your Service Packet Carefully

Your packet should contain three documents: a Summons, a Civil Complaint (Form SCA-M207 or SCA-M208 for commercial creditor claims), and a Defendant Information Sheet (Form SCA-MI-401NP). The complaint states who is suing you, how much they want, and why.

Find the service date — the date the return receipt shows that you or an agent authorized to accept service received the certified mail, or the date the sheriff completed service. That date starts your 20-day clock, not the date the complaint was filed or the date you actually opened the envelope. Under Rule 20 of the Rules of Civil Procedure for Magistrate Courts, you exclude the day of service and start counting from the next day. If the last day falls on a weekend or court holiday, your deadline extends to the next business day.

If the summons and complaint were served on an agent or attorney-in-fact authorized to accept service for you, your deadline is 30 days instead of 20.

File Your Answer on Form SCA-M225

Your formal response goes on Form SCA-M225, the official Answer form published by the West Virginia Supreme Court of Appeals. You can download it free from courtswv.gov under Magistrate Court Forms.

The form gives you four options:

• Deny all claims — you dispute everything the plaintiff alleges. The court schedules a trial.
• Admit some, deny some — you agree with certain facts but dispute others. The trial covers the disputed portions.
• Confess judgment — you admit the full amount. A judgment enters immediately with no trial.
• Assert a counterclaim — you have your own claim against the plaintiff. Write the details in the space provided on the same form. There is no filing fee for a counterclaim.

Filing the Answer with the Magistrate Court Clerk costs nothing. You can file in person at the county magistrate court clerk's office or mail it, though mailed answers must physically arrive before the deadline — a postmark alone does not count.

Serve a Copy on the Plaintiff

This is the step most self-represented defendants miss. Filing your answer with the court is not enough. Under Rules 4(a) and 8 of the Rules of Civil Procedure for Magistrate Courts, you must separately send a copy of your completed SCA-M225 to the plaintiff (or their attorney if they have one) by first-class mail or hand delivery. Then fill out the Certificate of Service section at the bottom of the form, noting the date and method you used.

Skipping this step can create procedural problems even if you filed on time with the clerk.

What Happens If You Miss the 20-Day Deadline

If you do not file and serve an answer within 20 days, the plaintiff can request a default judgment using Form SCA-M429. The magistrate can enter judgment for the full amount claimed without a hearing — you lose before you ever speak.

There is a safety valve: if you do not answer and the plaintiff does not move for default within six months after service, the court dismisses the case without prejudice under Rule 15. But that is not something to count on. If you have already missed the deadline, you may file a motion to set aside default under Rule 17 of the RCPMC within 20 days of the judgment entry, showing excusable neglect or unavoidable cause. Filing that motion automatically stays execution of the judgment while the court considers it.

After You File — Preparing for the Hearing

Once your answer is on file, the clerk schedules a trial and mails you notice at least 21 days before the hearing date. Bring three printed copies of every piece of evidence — contracts, photos, text messages, repair estimates, receipts — one for the magistrate, one for the opposing party, and one for yourself.

The complete West Virginia Small Claims Response Guide walks you through each step from opening the envelope to leaving the courtroom, including fillable worksheets for calculating your deadline, organizing evidence, and preparing for the hearing.

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