Suing a Contractor in West Virginia Small Claims Court

Your Claim Fits in Magistrate Court (Up to $20,000)

Since July 2025, West Virginia's Magistrate Court handles civil claims up to $20,000 under HB 2761. Before the increase, a $12,000 contractor deposit dispute would have required Circuit Court. Now the faster, simpler Magistrate Court process covers the majority of home improvement disputes.

Contractor cases in Magistrate Court typically involve deposit recovery (the contractor took money and did nothing) or defective work (the contractor finished but did it badly). Use Form SCA-M207 for standard civil claims; SCA-M208 is designated for commercial creditor/contract actions.

Step 1: Name the Right Defendant

This is where contractor lawsuits most commonly fail. Many contractors operate under a business name that isn't their registered legal entity. "Mountain State Home Improvement" might be the name on their truck, but the legal entity might be "John Smith d/b/a Mountain State Home Improvement" — or it could be an LLC with a different name entirely.

Search the West Virginia Secretary of State's Business Entity Search portal before filing. If the contractor is a sole proprietor, you sue the individual owner under their personal name plus the trade name. If they're an LLC or corporation, name the entity exactly as registered with the SOS.

If you can't find a registered entity, don't assume the contractor is a sole proprietor. Verify the correct legal defendant before filing.

Step 2: Calculate What You're Owed

For a deposit recovery case, document the amount paid and any work actually completed. Get written estimates for the value of partial work to support your calculation.

For defective work, document the reasonable cost to repair or complete the work correctly. Get two or three written repair estimates from other contractors to support the amount you seek.

Keep your total claim at or under $20,000. If the combined losses exceed that, you can waive the excess to stay in Magistrate Court or file the full amount in Circuit Court.

Step 3: Send a Demand Letter

Send a certified letter to the contractor's last known address stating the amount owed, the basis for the claim, and a 14–30 day deadline. Attach copies of the contract, payment receipts, and photos of incomplete or defective work.

If the address you have is a PO Box only, remember that sheriff service (your fallback if certified mail fails) requires a physical street address. The SOS business search or a property records search may reveal an alternate address.

Step 4: Build Your Evidence

Three copies of everything, organized chronologically:

• The written contract, estimate, or proposal (if one exists)
• Proof of payment — cancelled checks, bank transfers, credit card statements
• Photos of incomplete or defective work (date-stamped)
• Written repair estimates from other contractors
• All communications — texts, emails, voicemails, certified mail receipts
• Any contractor licensing information (or lack thereof)

For oral contracts, write a timeline of what was discussed and agreed to, supported by any text messages or emails that confirm the arrangement.

Step 5: File and Serve

File Form SCA-M207 in the Magistrate Court of the county where the contractor lives, where the work was performed, or where the contract was signed. Attach your evidence copies. Filing fee: $50–$70 depending on the claim amount.

The clerk sends the complaint by certified mail first. If the contractor avoids service (common in these cases), request sheriff personal service at $25–$30. You have six months to complete service before the case is dismissed.

At the Hearing

Present your case in order: the agreement, what you paid, what the contractor did or didn't do, your documentation of losses, and your repair estimates. Bring the original documents plus your three copies.

If the contractor doesn't show up, you get a default judgment. If they do show, expect them to argue about the quality of work or blame the homeowner. Your photographic evidence and independent repair estimates are your strongest tools.

For the complete contractor dispute process — from demand letter through collection — the West Virginia Small Claims Filing Guide includes evidence checklists, a service tracking log, and preparation worksheets.

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