West Virginia Small Claims Court Settlement — How to Settle Before the Hearing

Most small claims cases in West Virginia Magistrate Court settle before trial. Once both sides weigh the cost of a court appearance against a reasonable agreement, settling often makes more sense than litigating. But settling correctly requires more than a handshake — you need to document the agreement and formally close the case with the court.

Settlement Talks Do Not Pause the Clock

This is the mistake that costs defendants the most. Discussing a settlement with the plaintiff — even productive discussions where both sides agree in principle — does not suspend your obligation to file an answer or attend a scheduled hearing.

Until the magistrate formally enters an order of dismissal, every deadline and court date remains active. If you skip filing your answer because you think a deal is close, the plaintiff can still request a default judgment. File your answer on Form SCA-M225 first, then negotiate.

How to Negotiate

Contact the plaintiff (or their attorney if they have one) directly. In Magistrate Court cases, settlement negotiations are usually informal — a phone call, email, or letter proposing terms. Common approaches include:

• Partial payment — you agree to pay less than the full amount claimed, sometimes in a lump sum, sometimes in installments
• Mutual release — both sides agree to drop all claims against each other
• Specific performance — you agree to complete or fix the work at issue instead of paying money

Be specific about amounts, dates, and what each side agrees to do. Vague agreements lead to disputes about whether the terms were met.

Put It in Writing

Once you reach an agreement, write down the terms and have both parties sign. A written settlement agreement should state:

• The case number and county
• The exact amount to be paid (if any) and the payment schedule
• What the plaintiff agrees to do (dismiss the case, release all claims)
• A deadline for each action
• Signatures from both parties

West Virginia Magistrate Courts do not accept, collect, or administer installment payments between parties. Any payment arrangement is between you and the plaintiff — the court only records whether the case is dismissed.

Getting the Case Dismissed

After the agreement is signed and the terms are fulfilled (or simultaneously, if the agreement calls for it), the plaintiff must file a written dismissal or agreement of satisfaction with the Magistrate Court Clerk. This is what formally closes the case.

Do not assume the case is over just because you paid. Without a written dismissal filed with the court, the case technically remains open on the docket. If the plaintiff does not file the dismissal, contact the clerk's office to confirm the case status.

Settling at the Courthouse

If you have not reached an agreement before the hearing date, you can still settle on the day of trial. Magistrate courts often allow a few minutes for parties to discuss settlement before the trial begins. If you reach an agreement, inform the magistrate and ask how it will be documented and how the case will be closed. Do not assume the case is dismissed until the court enters a dismissal or satisfaction.

Some counties offer court-connected mediation programs where a neutral mediator helps both sides reach an agreement. Participation is voluntary unless ordered by the magistrate.

The West Virginia Small Claims Response Guide includes a settlement terms worksheet to help you document the agreement properly, along with step-by-step instructions for ensuring the case is formally closed with the court.

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