Small Claims Plainly

State guide

West Virginia

This is general information, not legal advice. West Virginia does not use a separate court named small claims court for these disputes. Magistrate court is the court of limited civil jurisdiction. Code section 50-2-1 says magistrate courts have jurisdiction of all civil actions in which the value or amount in controversy, or the value of property sought, exclusive of interest and cost, is not more than $20,000. They also have jurisdiction of unlawful entry or detainer of real property, and of wrongful occupation of residential rental property, so long as title is not in dispute. Interest and cost are outside the $20,000. Title fights are outside the possession jurisdiction. Magistrate court is a county court, and people often appear without lawyers.

Checked against official sources on October 11, 2026. Rules and links change; confirm with the office listed before you act.

Try a ZIP like 30303, “Travis County” or “Columbus, OH”
Which court hears it
Magistrate court
Dollar limit we could verify
West Virginia Code section 50-2-1 says magistrate courts have jurisdiction of civil actions when the value or amount in controversy, or the value of property sought, exclusive of interest and cost, is not more than $20,000.
Statute or court page
Official page →
Filing or self-help page
Official page →

The $20,000 line covers both a money demand and the value of property sought. A claim for an item worth more than $20,000 is outside the section even if you would also accept money. A money claim of not more than $20,000 fits, with interest and cost excluded from the test. Unlawful detainer and wrongful occupation of a residence can be heard when title is not in dispute. If the defense is 'this property is mine,' the statute's title proviso matters. The magistrate may have to stop once title is actually in dispute.

Section 50-2-1 says its grant is in addition to jurisdiction granted elsewhere, and that it is limited by the rest of the chapter. Read nearby sections for procedure, for the filing of a complaint, and for appeal. Magistrate court is designed for people to use directly. You still serve the defendant and bring proof of value. The legislature's code site is the official text. The West Virginia judiciary site lists magistrate offices. This directory does not state a filing fee. The magistrate clerk quotes it. A civil case and a criminal matter can share the same office. Make sure the clerk marks your paper as civil.

A magistrate civil judgment can be collected with the executions the statutes allow, and it can be appealed under the appeal statute. This entry does not state the number of days, because section 50-2-1 does not. Read the judgment and the appeal section. If the amount in controversy is more than $20,000, or title to land is the issue, circuit court is the court of general jurisdiction. Do not file a $20,000 claim in magistrate court and the rest in circuit court as two pieces of one dispute unless a lawyer tells you they are separate claims. The statute measures the value or amount in controversy.

Official resources in West Virginia

W. Va. Code § 50-2-1

Statute giving magistrate courts civil jurisdiction up to $20,000, exclusive of interest and cost.

West Virginia Legislature code

Official code, including chapter 50 on magistrate courts.

West Virginia Judiciary

Court site for magistrate offices and forms.

Key facts for West Virginia

What to do next

  1. Keep the amount or property value at not more than $20,000 before interest and cost.
  2. Use the detainer form if you need possession and title is not in dispute.
  3. Do not ask magistrate court to decide who owns the land.
  4. Read the appeal section. This entry does not state a number of days.

Looking for your city or county in West Virginia?

We haven't found official court-level pages for West Virginia we can verify yet, so we don't show local numbers here rather than guess. Here's what to use instead, in order:

  1. General Start with the statewide information above. It applies across West Virginia, but cities and counties can add their own steps, fees or deadlines.
  2. Call to confirm Ask the official office. They have the current local rule, fee and form.
    West Virginia Judiciary
    Website →
    Phone not shown: use the contact page on the official website above.
    Not sure who handles it locally? USAGov's free help line, 1-844-872-4681, or the West Virginia page on USA.gov can point you to the right office.
  3. Know the current info? Tell us and include a link to the official page. We check every tip before it goes up.

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