Small claims in West Virginia
The court
- Magistrate Court
- The magistrate court in the county where the defendant lives or the claim arose.
The most you can claim
| Claiming as | Most you can claim | Rule |
|---|---|---|
| An individual | $20,000 | W. Va. Code §50-2-1 |
| A business | $20,000 | W. Va. Code §50-2-1 |
| A public agency | $20,000 | W. Va. Code §50-2-1 |
What it costs to file
This state does not set one statewide fee. The court where you file publishes its own.
West Virginia Judiciary, Magistrate Courts · West Virginia does not require a written demand before filing a civil claim in magistrate court. The filing fee varies by county; the magistrate clerk has the exact amount. Asking first is still the usual first step.
How long you have
The shortest window in this state is 2 years from the day the damage happened.
W. Va. Code §55-2-12 · A claim for damage to your property must be filed within two years.
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The detail
- The limit
The limit is the most the court can award on one claim. It depends on who is claiming, and in some states on which court hears it.
- What it costs
The court charges this when you hand in the claim. It is separate from the amount you are claiming.
- How long you have
Every kind of claim has its own window, counted from the day the clock started. Miss it and the court usually cannot hear the claim.
Common questions
- How much can you claim in small claims court in West Virginia?
- An individual can claim up to $20,000. A business can claim up to $20,000. A public agency can claim up to $20,000. That comes from W. Va. Code §50-2-1.
- What does it cost to file a small claims claim in West Virginia?
- West Virginia does not set one statewide fee. Each court publishes its own, so check the court where you will file.
- How long do you have to bring a small claims claim in West Virginia?
- The shortest window is 2 years, counted from the day the damage happened, under W. Va. Code §55-2-12. Other kinds of claim run longer; the time-limit page lists each one.
- Do you have to ask for the money before filing in West Virginia?
- No, West Virginia does not require it, per West Virginia Judiciary, Magistrate Courts. Sending a demand letter first is still the usual first step, and it is often what gets the money paid.
- Which court handles small claims in West Virginia?
- Magistrate Court. The magistrate court in the county where the defendant lives or the claim arose.
Verify with your court
Numbers change, and a court can post its own variation. Open West Virginia's small claims page and confirm anything you are about to rely on.
Open the court's small claims pageVerified on 2026-09-05, sources:
Verified on 2026-09-05, sources: Rules effective from 2026-09-05.
- W. Va. Code §50-2-1 · effective 2025-07-07 · In West Virginia, magistrate court hears money claims of up to $20,000, not counting interest and costs.
- West Virginia Judiciary, Magistrate Courts · effective 2026-09-05 · West Virginia does not require a written demand before filing a civil claim in magistrate court. The filing fee varies by county; the magistrate clerk has the exact amount. Asking first is still the usual first step.
- W. Va. Code §55-2-12 · effective 2026-09-05 · A claim for damage to your property must be filed within two years.
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