$10,000Claim Limit
$35–$65Filing Fee
2 yrsSOL Period
20 daysAppeal Window
West Virginia Small Claims Rules
| Court Name | Magistrate Court — Small Claims Division |
| Claim Limit | $10,000 ($10,000 for businesses) |
| Filing Fee | ~$35–$65 (varies by claim amount and county) |
| Statute of Limitations | 2 years for most contract disputes |
| Attorneys | ✓ Attorneys allowed Attorneys are allowed |
| Service of Process | Sheriff or certified mail |
| Appeal Deadline | 20 days from judgment |
| Judgment Valid For | 10 years |
| Online Filing | ✗ In-person at courthouse |
| Official Court Website | https://magistratecourt.wv.gov → |
West Virginia Security Deposit & Wage Rules
| Deposit Return Deadline | 60 days |
| Penalty for Violation | Up to 1.5× the deposit |
| Wage Claims SOL | 2 years |
💡 Before suing in West Virginia, send a written demand letter first. Generate one free →
What You Need to Know About West Virginia Small Claims
West Virginia small claims are handled in Magistrate Court with a $10,000 limit. West Virginia has one of the shorter SOL periods at just 2 years for contract claims — act quickly. The deposit return window is 60 days — one of the longer landlord deadlines in the country. The appeal window is 20 days.
Filing Tips for West Virginia
1
West Virginia's 2-year SOL is short — file or send a demand letter immediately after a dispute arises
2
Landlords have 60 days to return deposits — one of the longer windows nationally, but document everything
3
The appeal window is 20 days — decide promptly if you want to challenge a ruling
4
File in the magistrate court of the county where the defendant resides or the dispute occurred
Common Cases in West Virginia
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