How to Serve Your Answer on the Plaintiff in West Virginia Magistrate Court

Filing your Answer with the Magistrate Court Clerk is only half the job. Under Rules 4(a) and 8 of the Rules of Civil Procedure for Magistrate Courts, you must also serve a copy directly on the plaintiff. The court does not forward your answer to the other side — that responsibility falls entirely on you.

This is the step where self-represented defendants in West Virginia most often stumble.

What "Service" Means After Filing

Do not confuse this with the original service of process — the certified mail or sheriff delivery that brought you into the case. That was the plaintiff's obligation. For your Answer, Rule 4(a) requires you to file it and serve a copy on the plaintiff under Rule 8.

For your Answer on Form SCA-M225, that means the plaintiff (and their attorney, if they have one).

Two Accepted Methods

You can serve your answer copy on the plaintiff by:

First-class mail — Put a copy of your completed SCA-M225 in an envelope addressed to the plaintiff (or their attorney) and drop it in the mail with proper postage. You do not need certified mail or a return receipt. Regular first-class mail satisfies the rule.

Hand delivery — Physically hand a copy to the plaintiff or their attorney. This works well if you know where they are, but most defendants use mail.

Complete the Certificate of Service

Form SCA-M225 has a Certificate of Service section at the bottom. After you mail or deliver the copy, fill in:

• The date you served the copy
• The method you used (mail or hand delivery)
• Your signature

This certification is part of the court record. It proves you complied with Rule 8. If the plaintiff later claims they never received your answer, the signed Certificate of Service is your evidence that you sent it.

The Right Sequence

Here is the correct order for a defendant filing their answer:

1. Complete Form SCA-M225 with your response and any counterclaim
2. Make at least two copies — one for the plaintiff, one for your records
3. Mail or deliver a copy to the plaintiff (or their attorney)
4. Fill in and sign the Certificate of Service on the original
5. File the signed original with the Magistrate Court Clerk

Some defendants reverse steps 3 and 5 — filing with the court first and mailing afterward. That works too, as long as you do both. The critical point is that both happen: the clerk gets the original, and the plaintiff gets a copy.

What Happens If You Skip It

Rule 4(a) requires the Answer to be both filed and served. If you file but do not serve it by the deadline, you have not completed both required steps, which can create a default issue.

It takes a stamp and five minutes. There is no reason to skip it.

The West Virginia Small Claims Response Guide includes a Certificate of Service checklist that walks you through the mailing step so nothing gets missed between filing your answer and getting ready for the hearing.

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