West Virginia Magistrate Court Forms SCA-M207 and SCA-M208 Explained

SCA-M207 vs. SCA-M208: Which Form Do You Need?

The choice comes down to what kind of claim you're filing.

Form SCA-M207 (Civil Complaint) is the standard form for most Magistrate Court cases. Use it for property damage, security deposit disputes, personal injury, and general debts where someone owes you money for a specific incident or transaction.

Form SCA-M208 (Civil Complaint – Commercial Creditor/Contract Action) is the specialized form for contract-based claims and commercial debts. If you're suing over an unpaid invoice, a promissory note, or an open account with an itemized payment history, SCA-M208 is the correct form. It requires you to break down the original obligation, credits received, and the remaining balance — plus a notarized verification.

If your case involves a straightforward "they owe me money for X" scenario, SCA-M207 is almost certainly the right choice. SCA-M208 is for situations where there's an ongoing account or documented payment trail.

Completing Form SCA-M207 Field by Field

The form is one page, but each section matters:

Plaintiff information — your full legal name, street address, and phone number. If you're filing on behalf of a business, list the business's registered legal name.

Defendant information — the defendant's exact legal name and physical address. For businesses, this must match the name registered with the West Virginia Secretary of State. A PO Box won't work for sheriff service; you need a street address.

Statement of claim — a short, factual description of what happened and why the defendant owes you money. Include dates, the nature of the agreement or incident, how the defendant breached it, and your specific dollar amount. Keep it under a paragraph; the detail comes from your attached evidence.

Amount claimed — the exact dollar figure you're seeking, up to $20,000 (the current jurisdictional cap under HB 2761). This determines your filing fee tier.

Jury trial election — the form includes an optional jury trial election. Either party may file a written jury demand within 20 days after service of the Answer. If neither party makes a timely demand, the case proceeds as a bench trial before the magistrate.

Attach copies of contracts, invoices, photos, text messages, or other documents supporting your claim. Keep the originals available to bring to the hearing.

The Required Information Sheet: SCA-MI-400

Every plaintiff must also file Form SCA-MI-400 (Information Sheet: Civil Case Plaintiff). This four-page document isn't optional — clerks in high-volume counties like Kanawha and Berkeley will reject filings submitted without it.

SCA-MI-400 collects your background details and walks through the basics: filing fee tiers, service methods, answer deadlines, and what happens if the defendant doesn't respond. It's both an intake form and a procedural guide.

Other Forms You May Need

• SCA-M225 (Answer) — the defendant's response form, due within 20 days after ordinary service or 30 days after service on a statutory agent or the Secretary of State
• SCA-M429 (Affidavit: Default Judgment) — filed when the defendant doesn't respond, along with a military service affidavit
• SCA-MI-401NP — defendant information sheet
• SCA-MI-402NP — cover sheet for default judgment filings
• Financial Affidavit — the fee waiver application if you cannot afford filing costs

All forms are available as free PDF downloads from courtswv.gov under Magistrate Court Forms.

Common Mistakes That Get Filings Rejected

Wrong defendant name. Using a trade name instead of the registered legal entity name is the most common error. Search the Secretary of State's Business Entity Search before filing.

Missing SCA-MI-400. The information sheet is mandatory. Submit it with your complaint or expect your filing returned.

PO Box as defendant address. Sheriff service requires a physical street address. If the defendant's only known address is a PO Box, start with certified mail service; if that fails, you'll need to locate a physical address.

Vague claim statement. "They owe me money" isn't enough. Include dates, amounts, and what specifically was agreed or what happened.

The West Virginia Small Claims Filing Guide includes field-by-field instructions for SCA-M207 and SCA-M208, along with worksheets for organizing your evidence before you file.

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