Served with Papers in West Virginia Small Claims Court — What to Do First

The certified letter or sheriff's visit just happened. Someone is suing you in West Virginia Magistrate Court. You may feel a surge of panic, anger, or confusion — all of that is normal. What matters now is what you do in the next few days.

Here is the immediate action plan.

Step 1: Read Every Page in the Packet

Your service packet should contain three documents:

• The Summons — tells you that a lawsuit has been filed, names the court and county, and provides case information
• The Civil Complaint (Form SCA-M207 or SCA-M208) — states who is suing you, how much they want, and the factual basis for the claim
• The Defendant Information Sheet (Form SCA-MI-401NP) — explains your response options and deadlines in plain language

Read the complaint carefully. Identify the plaintiff's name, the amount claimed, and what they say happened. Then find the service date — the date the return receipt shows acceptance by you or an agent authorized to accept service, or the date the sheriff completed service. That date starts your deadline clock.

Step 2: Mark Your 20-Day Deadline

You have exactly 20 calendar days from the service date to file and serve a written Answer. Count from the day after service (you exclude the service day itself). If day 20 lands on a Saturday, Sunday, or court holiday, it extends to the next business day.

Put the deadline in your phone calendar right now. Then set a reminder for three days before.

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

Step 3: Decide Not to Ignore It

Ignoring the lawsuit is the worst possible response. If you do not file an answer, the plaintiff can request a default judgment — the court enters the full amount against you without a hearing, without hearing your side, without you being present. Default judgments are enforceable through wage garnishment and bank levies.

Even if the claim seems frivolous, even if you believe the plaintiff is wrong, even if you plan to settle — file your answer first. You can negotiate afterward from a position of procedural compliance rather than default exposure.

Step 4: Get Form SCA-M225

Download Form SCA-M225 (Answer) from courtswv.gov under Magistrate Court Forms, or pick up a copy from the clerk's office in the county listed on your summons. This one-page form is your official response. It costs nothing to file.

On the form, you can deny the claims, admit some while denying others, or confess judgment. You can also assert a counterclaim if the plaintiff owes you money from the same dispute. Most defendants deny and let the trial sort out the facts.

Step 5: File and Serve

File the completed SCA-M225 with the Magistrate Court Clerk. Then send a copy to the plaintiff by first-class mail and complete the Certificate of Service section on the form. The court does not notify the plaintiff for you — this is your responsibility.

Can Someone Help You?

A family member or friend can help you organize paperwork, print documents, and manage calendar dates. Under W. Va. Code § 50-4-4a, a party may also appear through a nonlawyer agent in Magistrate Court, but West Virginia Supreme Court precedent limits that role to casual, non-recurring, unpaid assistance. It does not allow someone to make a business of representing others. Confirm that the exception applies before an agent signs or speaks for you.

Free legal help is available if you qualify by income. Legal Aid of West Virginia (1-866-255-4370) provides free representation to eligible residents. Tuesday Legal Connect (1-800-642-3617, every Tuesday 6–8 PM) offers free phone consultations with volunteer attorneys. West Virginia Free Legal Answers (wv.freelegalanswers.org) lets you post questions online for written responses.

What Comes After

Once your answer is filed, the clerk schedules a trial and mails you at least 21 days' notice. Use that time to organize your evidence — contracts, photos, text messages, receipts — into three printed sets.

The West Virginia Small Claims Response Guide provides the complete response system in one printable package: deadline calculator, form walkthrough, evidence organization worksheets, and hearing preparation checklists.

See more West Virginia guides →