West Virginia Unpaid Invoice Lawsuit — Filing a Small Claims Case for Money Owed

When a Client Won't Pay, the Magistrate Court Is Your Leverage

You delivered the work. You sent the invoice. You followed up once, twice, three times. Nothing. For sole proprietors, freelancers, and small business owners in West Virginia, an unpaid invoice isn't just frustrating — it's money you've already earned sitting in someone else's pocket.

West Virginia Magistrate Court handles civil claims up to $20,000 (raised from $10,000 by House Bill 2761, effective July 2025), which covers most small business invoices and unpaid debts. You don't need a lawyer, and the filing fee ranges from $50 to $70 depending on the amount you're claiming.

Choosing the Right Complaint Form

West Virginia offers two civil complaint forms, and the one you pick depends on how you're framing your claim:

Form SCA-M207 (Civil Complaint): Use this for general civil claims — you performed services under an agreement (written or oral) and the client didn't pay. Most freelancers and service providers use this form.

Form SCA-M208 (Commercial Creditor / Contract Action): Use this when you're suing on a formal promissory note, a written account, or a commercial contract with a detailed payment schedule. This form requires an itemized breakdown of the original obligation, payments received, and the balance due, plus notarized verification.

If you're a graphic designer suing a client who never paid a $3,500 invoice for completed marketing materials, SCA-M207 is almost certainly the right form. If you're a supplier suing on a series of purchase orders with a running account balance, SCA-M208 may be more appropriate.

Building Your Evidence File

Unpaid invoice cases live or die on documentation. Before you file, assemble three identical sets of:

• The invoice(s) — with dates, descriptions of work performed, and amounts owed
• The contract or agreement — written contracts are strongest, but emails confirming the scope of work and agreed price serve the same purpose for oral agreements
• Proof of delivery — emails showing completed files were sent, delivery receipts, signed acceptance forms, screenshots of the finished product on the client's website
• Payment history — if the client made partial payments, show what was paid and what remains outstanding
• Communication trail — every email, text, and letter where you requested payment and the client stalled, promised to pay, or went silent

Three copies: one for the court, one for the defendant, one for you. The magistrate expects hard copies, not digital files on your phone.

Statute of Limitations

Your filing deadline depends on whether the agreement was written or oral:

• Written contract: 10 years from the date of breach (W. Va. Code § 55-2-6)
• Oral agreement: 5 years from the date payment was due

Most invoice disputes involve an implied or oral agreement to pay upon delivery, so the five-year limit is typical. If you have a signed contract with payment terms, you get the full ten years — but waiting that long makes collecting harder, not easier.

The Demand Letter Step

West Virginia doesn't legally require a demand letter before filing, but sending one is standard practice and strengthens your case. A demand letter:

• Puts the debtor on formal notice that you intend to sue
• Creates a paper trail showing you tried to resolve the matter before going to court
• Sometimes prompts payment — some clients pay once they realize you're serious

Send it via certified mail with return receipt requested. Give the client 10–14 days to respond. If they pay, you're done. If they don't, the certified mail receipt becomes evidence in your case file.

Filing and What Comes Next

File your complaint at the Magistrate Clerk's office in the county where the client lives or where the work was performed. Pay the filing fee ($50–$70 based on the amount owed). The clerk issues a summons and arranges service on the defendant, typically via certified mail.

The defendant then has 20 calendar days to file an Answer after standard service, or 30 calendar days if service is perfected through the Secretary of State or a statutory agent. If they don't respond within the applicable period, you can request a default judgment. If they do respond and contest the claim, the court schedules a hearing where both sides present their evidence.

At the hearing, bring your three-copy evidence folder, be prepared to explain the work you performed, the agreed price, and why the client hasn't paid. Invoices plus proof of delivery plus a communication trail showing the client acknowledged the debt is usually a strong case.

Our West Virginia Small Claims Filing Guide covers the complete process from demand letter through evidence assembly and hearing preparation, with form-by-form instructions for both SCA-M207 and SCA-M208.

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