West Virginia Small Claims Default Judgment — How to Get One When the Defendant Doesn't Respond

What Happens When the Defendant Ignores Your Lawsuit

You filed your civil complaint in West Virginia Magistrate Court, paid the filing fee, and the defendant was properly served. Twenty days pass. No Answer. No phone call. Nothing.

This is actually one of the more common outcomes in small claims cases — and it works in your favor. When a defendant fails to file a written Answer (Form SCA-M225) within the required 20 calendar days after service (or 30 days if served through the Secretary of State or a statutory agent), you can ask the court to enter a default judgment — a ruling in your favor without a trial.

But a default judgment isn't automatic. You have to request it, and there are specific forms and requirements.

How to Request a Default Judgment

Step 1: Confirm the Answer deadline has passed. For standard service, count 20 calendar days from actual delivery or receipt — the date the defendant or authorized agent signed the certified mail return receipt, or the date personal service was made as shown in the Sheriff's return. For service through the Secretary of State or a statutory agent, the deadline is 30 calendar days after service is perfected. Not the date you filed the complaint.

Step 2: Complete Form SCA-M429 (Affidavit: Default Judgment). This form requires you to:

• State the exact principal amount the defendant owes
• Confirm the defendant was properly served
• Swear under oath that the defendant has not filed an Answer
• Submit a military affidavit under the Servicemembers Civil Relief Act (SCRA), confirming the defendant is not on active duty in the U.S. Armed Forces — this is a federal requirement

Step 3: File the affidavit with the Magistrate Clerk's office. The clerk reviews the file to confirm service was completed and no Answer is on record.

Step 4: The magistrate reviews and enters judgment. If your claim is for a fixed, specific amount (a "liquidated" sum — like an unpaid invoice for exactly $3,500), the magistrate can enter the default judgment based on your paperwork alone. If the amount isn't fixed (an "unliquidated" claim — like property damage where the exact cost is disputed), the magistrate schedules a brief damages hearing where you present evidence of your losses.

The Six-Month Deadline You Might Not Know About

Here's a trap that catches plaintiffs off guard: under Magistrate Civil Rule 18(b), if the defendant fails to answer but you don't move for a default judgment within six months of service, the court dismisses your case without prejudice. The clock starts when the defendant was served, not when the Answer deadline expired.

So if you served the defendant in January and they never responded, you need to file your default judgment request before July — or your case gets tossed. You can refile, but you'll pay another filing fee and start the service process over.

What the Default Judgment Includes

A default judgment in West Virginia Magistrate Court typically awards:

• The principal amount you demanded in your complaint (up to the $20,000 jurisdictional cap)
• Pre-judgment interest, if applicable — for example, on special damages or liquidated contract claims — from accrual until judgment, at the applicable statutory rate (6.25% for 2026, set annually by the Supreme Court of Appeals)
• Court costs — your filing fee and service costs, assessed against the defendant
• Post-judgment interest at 6.25% per year on the total judgment until the defendant pays in full

Can the Defendant Fight a Default Judgment?

Yes. A defendant can file a motion to set aside the default judgment within 20 days of its entry, arguing excusable neglect, mistake, or improper service. Common grounds include:

• The defendant never actually received the complaint (the certified mail was signed by someone else, or service wasn't completed properly)
• A medical emergency or other extraordinary circumstance prevented a timely response
• The defendant was on active military duty

If the magistrate grants the motion, the default is vacated and the case proceeds to a regular hearing. This is why proper service is so important — a judgment entered after defective service is vulnerable to being overturned.

Collecting on a Default Judgment

Winning a default judgment and collecting money are two different things. The judgment is a court order declaring the debt, but the defendant doesn't automatically write you a check. Collection options include recording an Abstract of Judgment to create a lien on the defendant's real property, requesting a Writ of Execution for the Sheriff to seize personal property, or garnishing wages or bank accounts.

Our West Virginia Small Claims Filing Guide includes a Service Tracking and Deadline Calendar that helps you monitor when the Answer deadline expires and when to file for default — so you never miss the six-month window.

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