Sued by a Contractor in West Virginia Magistrate Court — Defendant's Guide

A contractor files a civil complaint in West Virginia Magistrate Court claiming you owe money for work on your home. Maybe the job was never finished. Maybe the work was defective and you withheld payment until they fixed it. Maybe you paid part of the bill but dispute the rest. Whatever the situation, you have been served with papers and the clock is running.

Here is how to handle it as a defendant.

File Your Answer Within 20 Days

You have 20 calendar days from the date you were served to file and serve your Answer on Form SCA-M225. Do not wait to see if the contractor will drop the case or settle informally — file first, negotiate later. Missing the deadline means the contractor can take a default judgment for the full amount without a hearing.

On the form, most homeowners in a contractor dispute check "Deny All Matters" or "Admit in Part, Deny in Part." If you agree you owe something but not the full amount, partial admission lets you explain why at trial.

Gather Your Evidence Immediately

Contractor disputes are won or lost on documentation. Start collecting:

• The contract or written estimate — even a text message thread agreeing on scope and price counts. If there was no written agreement, note that.
• Photos of the work — before, during, and current condition. Time-stamped photos from your phone are especially useful.
• Text messages and emails — any communications about the scope, timeline, defects, or payment. Screenshot them and print them out.
• Second contractor estimates — if you hired someone else to fix or finish the work, get a written estimate or invoice showing the repair cost. This is strong evidence of the original contractor's failure.
• Payment records — bank statements, cancelled checks, Venmo or CashApp receipts showing what you already paid.
• Inspection reports — if a building inspector, insurance adjuster, or other professional documented problems with the work.

Print everything. Bring three paper copies of each exhibit — one for the court, one for the contractor, and one for you. Evidence stored only on your phone may not be accepted.

Consider a Counterclaim

If the contractor's defective or incomplete work cost you money — you paid for repairs, lost rental income, or suffered property damage — you can file a counterclaim on the same SCA-M225 form. There is no filing fee. Your counterclaim will be heard at the same trial as the contractor's complaint.

A homeowner in a public Reddit post about a West Virginia masonry dispute brought $8,000 in repair estimates and extensive photo evidence to the hearing. The magistrate awarded only $250, far less than the contractor claimed. The takeaway: detailed repair estimates from a second contractor carry significant weight.

At the Hearing

Arrive early and dress professionally. When it is your turn, present your evidence calmly and in order. Explain what was agreed upon, what was delivered, what was defective or unfinished, and what you have already paid. Let the documents do the heavy lifting — a printed exhibit index with labeled tabs makes a stronger impression than loose papers.

If the magistrate enters an unfavorable judgment after a bench trial, you have 20 calendar days to file Form SCA-M111-1P (Petition for Appeal of Bench Trial) with the Magistrate Court for a new trial in Circuit Court. An appeal after a magistrate jury trial is heard on the record.

The West Virginia Small Claims Response Guide includes an evidence assembly checklist and hearing preparation worksheet designed specifically for organizing contractor dispute evidence into a court-ready package.

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