Small Claims Limits
General information from official sources, not legal advice. Rules change. Check with the court before you file.

All states

Small claims court in West Virginia

$20,000maximum claim in Magistrate court, as of 29 October 2026

The basics

Small claims limit
$20,0001,2,3W. Va. Code 50-2-1

Magistrate court hears civil cases of up to $20,000, not counting interest and costs. The limit rose to $20,000 on July 7, 2025.

Court
Magistrate court1,3W. Va. Code 50-2-1

Small civil claims are heard in the magistrate court of each county.

Filing fee
$30 to $50 (by claim amount)4W. Va. Code 50-3-1(a)

State law sets the fee by claim amount, from $30 for claims of $500 or less to $50 for claims over $2,000. Fees are paid in advance.

Lawyers
Yes, not required5W. Va. R. Civ. P. Magistrate Cts. 8(b), 16(e)

You may bring a lawyer or appear without one. If you come to trial without a lawyer, the magistrate must explain how the trial works.

Appeals
20 days (new trial)6,5,3W. Va. Code 50-5-12

Any party may appeal to circuit court within 20 days after judgment and must post a bond. If the magistrate decided the case without a jury, a circuit judge hears it again from the start.

Deadlines to sue (statutes of limitations)

How long you usually have to file, counted from when the claim arose. Exceptions apply.

Written contract
10 years7W. Va. Code 55-2-6

You have 10 years to sue over a written contract signed by the person you are suing, or one under seal.

Oral contract
5 years7W. Va. Code 55-2-6

You have 5 years to sue over any other contract, written or implied.

Property damage
2 years8W. Va. Code 55-2-12(a)

You have 2 years to sue for damage to property.

Personal injury
2 years8W. Va. Code 55-2-12(b)

You have 2 years to sue for personal injuries.

Small claims rules are set by state law and court rules, and fees are often set locally. Before you file, check the court's own page or call the clerk.

Sources

  1. W. Va. Code 50-2-1, Civil jurisdiction, West Virginia Legislatureofficial
  2. Enrolled Committee Substitute for H. B. 2761 (2025), West Virginia Legislature, 2025-04-08official
  3. Magistrate Courts, Supreme Court of Appeals of West Virginiaofficial
  4. W. Va. Code 50-3-1, Costs in civil actions, West Virginia Legislatureofficial
  5. Rules of Civil Procedure for Magistrate Courts, Supreme Court of Appeals of West Virginiaofficial
  6. W. Va. Code 50-5-12, Appeal from magistrate court, West Virginia Legislatureofficial
  7. W. Va. Code 55-2-6, Limitation of actions on contracts, West Virginia Legislatureofficial
  8. W. Va. Code 55-2-12, Personal actions not otherwise provided for, West Virginia Legislatureofficial

Checked 29 October 2026. "Secondary" sources reproduce the official text. We use them only where the official site could not be read and mark them here.