Short answer. In West Virginia, small claims court covers claims up to $20,000. The fee to start a case is $50 to $70, depending on the claim.
Can I file my claim in West Virginia small claims?
Enter an amount to compare it with the West Virginia limit of $20,000.
Need the other side served? Process serving with an affidavit of service.
West Virginia small claims at a glance
- Limit
- $20,000. W. Va. Code 50-2-1, as amended by 2025 HB 2761 (passed April 8, 2025; in effect July 7, 2025): magistrate courts hear civil actions where the amount in controversy is not more than $20,000, exclusive of interest and costs. No jurisdiction over equity, eminent domain, real estate title disputes, lien sales of real estate, false imprisonment, malicious prosecution, slander/libel, or chapter 53 extraordinary remedies. Many unofficial sites still show the prior $10,000 figure.
- Court
- Magistrate Court (civil)
- Serving the other side
- Certified mail or first-class mail sent by the magistrate clerk, the sheriff, or a private process server or other adult who isn't a party.
West Virginia filing fees
| Fee | Amount | Note |
|---|---|---|
| damages $0.01 to $500 | $50 | plus service fees |
| $500.01 to $1,000 | $55 | plus service fees |
| $1,000.01 to $2,000 | $60 | plus service fees |
| $2,000.01 and up | $70 | the sheet's top tier reads $2,000.01 to $10,000, the limit before July 2025 |
| relief other than money, per defendant | $50 | plus service fees |
| service by certified mail by the clerk | $20 | |
| service by first-class mail by the clerk | $5 | |
| service by the sheriff, per defendant | $25 |
Totals from the Supreme Court of Appeals' magistrate court Information Sheet: Civil Case Plaintiff (SCA-MI 400, 06-18). They equal the W. Va. Code 50-3-1(a) amounts plus the $20 civil action fee in 50-3-1(g). No process fee is paid to the court when a private process server attempts service.
Not confirmed for West Virginia: who can file, whether lawyers are allowed, where to file, appeals, online filing. The official West Virginia page we checked didn't state these, so we left them out. Ask the clerk or see the official page.
Want us to handle it?
A runner files your papers in person at the clerk's window and sends you a scan of the stamped copy. We file what you prepared; we don't give legal advice.
Price: Outside New Jersey it goes through our contractor network: quote-based, confirmed before any work starts, and booked once a local contractor accepts. In New Jersey it is from $75 per filing, court fees at cost. Starting rates. Your exact price is quoted after we confirm a local notary/runner, before you pay.
Filing a small claim in West Virginia, step by step
- Check that your claim fitsUse the checker above: the West Virginia limit is $20,000, and the official wording is in the summary. Count only what you can show with papers or photos.
- Pick the right courtThe West Virginia page we checked doesn't say which county or court to use. Ask the clerk before you file.
- Fill out the claim and pay the feeThe filing fee in West Virginia is $50 to $70, depending on the claim. Totals from the Supreme Court of Appeals' magistrate court Information Sheet: Civil Case Plaintiff (SCA-MI 400, 06-18). They equal the W. Va. Code 50-3-1(a) amounts plus the $20 civil action fee in 50-3-1(g). No process fee is paid to the court when a private process server attempts service.
- Have the other side servedCertified mail or first-class mail sent by the magistrate clerk, the sheriff, or a private process server or other adult who isn't a party.
- Get ready for the hearingBring the contract, receipts, photos, messages and a short timeline, with copies for the judge and the other side.
- After the decisionAppeal rules for West Virginia weren't on the page we checked. Ask the clerk right away if you want to challenge a decision, since deadlines are short.
Official West Virginia links
- West Virginia small claims self-help page
- W. Va. Code 50-2-1
- 2025 HB 2761 enrolled
- W. Va. Code Chapter 50 Article 3 (costs and fees)
Last checked November 2026.
General information checked against the official West Virginia pages above, not legal advice. MCC Solutions isn't a law firm and isn't affiliated with any court. Rules and fees change: the official page and the clerk have the final word. The checker runs in your browser, and nothing you enter is sent or saved.
West Virginia small claims questions
What is the small claims limit in West Virginia?
$20,000. W. Va. Code 50-2-1, as amended by 2025 HB 2761 (passed April 8, 2025; in effect July 7, 2025): magistrate courts hear civil actions where the amount in controversy is not more than $20,000, exclusive of interest and costs. No jurisdiction over equity, eminent domain, real estate title disputes, lien sales of real estate, false imprisonment, malicious prosecution, slander/libel, or chapter 53 extraordinary remedies. Many unofficial sites still show the prior $10,000 figure.
How much does it cost to file a small claim in West Virginia?
damages $0.01 to $500: $50 (plus service fees); $500.01 to $1,000: $55 (plus service fees); $1,000.01 to $2,000: $60 (plus service fees); $2,000.01 and up: $70 (the sheet's top tier reads $2,000.01 to $10,000, the limit before July 2025); relief other than money, per defendant: $50 (plus service fees); service by certified mail by the clerk: $20; service by first-class mail by the clerk: $5; service by the sheriff, per defendant: $25. Totals from the Supreme Court of Appeals' magistrate court Information Sheet: Civil Case Plaintiff (SCA-MI 400, 06-18). They equal the W. Va. Code 50-3-1(a) amounts plus the $20 civil action fee in 50-3-1(g). No process fee is paid to the court when a private process server attempts service.
How is the other side served in a West Virginia small claims case?
Certified mail or first-class mail sent by the magistrate clerk, the sheriff, or a private process server or other adult who isn't a party.
Which court hears small claims in West Virginia?
Magistrate Court (civil).
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