Want it written for you? Answer a few plain-English questions and get a Statement of Claim laid out so you can copy each field onto the official Magistrate Court Civil Complaint, plus a script for the hearing and an evidence checklist. Checking is free; $19 for the completed documents.
Check if your West Virginia claim qualifiesThe West Virginia Small Claims Form
📄 Magistrate Court Civil Complaint (statewide)
The form that opens your case. Download it free from courtswv.gov.
West Virginia Limit, Fee and Filing Rules
| Item | Detail |
|---|---|
| Court | Magistrate Court |
| Claim limit | $20,000 |
| Claim form | Magistrate Court Civil Complaint (statewide) |
| Filing fee | $30 (≤$500) / $35 (≤$1,000) / $40 (≤$2,000) / $50 (>$2,000), statutory filing fee |
| Serving the defendant | Sheriff or certified mail by clerk (confirm the current service rules with the clerk) |
| Law that sets the limit | W. Va. Code § 50-2-1 |
| Court data verified | July 9, 2026 |
Filing Deadlines in West Virginia
How long the law gives you to file. When the clock starts depends on the claim, so do not leave it late: a claim filed after the deadline can be dismissed however strong it is.
| Type of claim | Time to file | Law |
|---|---|---|
| Written contract | 10 years | W. Va. Code § 55-2-6 |
| Oral / verbal agreement | 5 years | W. Va. Code § 55-2-6 |
| Damage to property | 2 years | W. Va. Code § 55-2-12(a) |
| Personal injury | 2 years | W. Va. Code § 55-2-12(b) |
| Unpaid debt or account | 5 years — 10 years where the debt is on a contract in writing signed by the party to be charged, or under seal — W. Va. Code § 55-2-6. | W. Va. Code § 55-2-6 |
Not sure which type yours is? The statute of limitations lookup covers more claim types.
Being Sued in West Virginia Instead?
Do you file an answer? You must file a written answer with the magistrate court and serve a copy on the plaintiff. The deadline is stated on your summons. (W. Va. R. Civ. P. Magistrate Ct. 4)
If they owe you money: You may state as a counterclaim any claim against the plaintiff that is within magistrate court jurisdiction. (W. Va. R. Civ. P. Magistrate Ct. 5)
The been-sued deadline lookup covers what happens if you do nothing.
Where to Get the Official West Virginia Forms
Court forms are free from the official sources below. Use the current version from your court.
- Official claim form — courtswv.gov
- Official source — courtswv.gov
- Official source — courtswv.gov
- The clerk of the Magistrate Court — can give you the current form and tell you whether your court adds any local paperwork.
How does West Virginia compare? See the small claims limits and filing fees for every state.
West Virginia Small Claims Forms: FAQ
❓ What form do I file to start a small claims case in West Virginia?
The form that opens the case is the Magistrate Court Civil Complaint. The official source is courtswv.gov. Court-issued forms are free; you pay only the filing fee.
❓ How much can you sue for in West Virginia small claims court?
In West Virginia you can claim up to $20,000 in the Magistrate Court. If your claim is larger, you can usually reduce it to the limit or file in a higher court instead.
❓ How much does it cost to file small claims in West Virginia?
The filing fee is $30 (≤$500) / $35 (≤$1,000) / $40 (≤$2,000) / $50 (>$2,000), statutory filing fee. Serving the defendant usually costs extra.
❓ Can you fill in the West Virginia small claims form for me?
We write a Statement of Claim from your answers, laid out so you can copy each field onto the official Magistrate Court Civil Complaint yourself — we do not produce the form itself. It comes with a script for the hearing and an evidence checklist.
Want it written for you?
A few plain-English questions about your West Virginia case, then review and file. Checking is free; $19 for the completed documents.
Check if your West Virginia claim qualifiesGeneral information, not legal advice. SmallClaimsHelper prepares documents; it is not a law firm.