West Virginia Small Claims Court Answer Deadline — 20 Days Explained

The single most important date after being served with a West Virginia Magistrate Court civil complaint is your answer deadline. Miss it and the plaintiff can take a default judgment — the full amount they asked for, entered without a hearing.

The standard deadline is 20 calendar days, but counting those days correctly matters more than most defendants realize.

Where the 20 Days Start

Your deadline runs from the service date, not the filing date printed on the complaint and not the date you found the letter in your mailbox. The service date is the verified date on which process was legally delivered to you.

For certified mail (a method used in Magistrate Court cases), the service date is the date the return receipt shows acceptance by you or an agent authorized to accept service. For sheriff delivery, it is the date the deputy personally handed you the papers or completed proper substituted service at your residence.

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

How to Count the Days

Under Rule 20 of the Rules of Civil Procedure for Magistrate Courts:

1. Exclude the service day itself. If you were served on October 1, day one is October 2.
2. Count continuously through weekends and holidays — these are calendar days, not business days.
3. Check the final day. If day 20 falls on a Saturday, Sunday, or official court holiday, your deadline extends to the close of business on the next day the court is open.

Write the deadline in your calendar as soon as you calculate it. Then set a reminder a few days before — you want to file well ahead of the cutoff, not on the last possible day.

The 5-Day Exception for Evictions

If you were served with a Petition for Summary Relief regarding wrongful occupation of a rental property, a different clock applies. That deadline is 5 court days (not calendar days), and those cases follow an accelerated track. This guide covers standard civil money claims. If you are facing an eviction or possession action, contact Legal Aid of West Virginia at 1-866-255-4370 immediately.

Can You Get More Time?

Rule 20(b) allows an extension if all parties agree in writing or if you file a written motion showing good cause before the original deadline expires. A magistrate can grant additional time, but you need a court order or signed stipulation — informal settlement talks do not pause the clock.

Do not assume that talking to the plaintiff or their attorney about settling extends your deadline. Until the court enters a formal order or both sides sign a written agreement, the 20-day clock keeps running.

What Happens at Day 21

If no answer is filed, the plaintiff can execute Form SCA-M429 (Affidavit for Default Judgment) and ask the court to enter judgment. Under Rule 10, once you are in default, the court is no longer required to send you notices about the case. There is a narrow window to fix this — a Rule 17 motion to set aside default, filed within 20 days of the judgment and showing excusable neglect or unavoidable cause — but avoiding default in the first place is far simpler.

The West Virginia Small Claims Response Guide includes a deadline calculator worksheet that walks you through the exact computation for your specific service date, with built-in checks for weekends and court holidays.

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