West Virginia Small Claims Court: A Simple Guide to Resolving Disputes
If you have a legal dispute with someone in West Virginia, you may be able to resolve it quickly and inexpensively through the state’s small claims court. This court hears civil cases involving disputes of $5,000 or less, and offers a simple and straightforward process for litigants. Here’s a guide to help you prepare for your West Virginia Small Claims Court case.
Eligibility
To be eligible to file a claim in the West Virginia Small Claims Court, your dispute should involve a monetary claim of $5,000 or less, or the value of goods or services involved in the dispute. The dispute should also not involve any real estate or building claims, as these require more complex litigation. The person you are filing against, known as the defendant, must reside in West Virginia or have done business in the state.
Filing a Claim
To file a claim in the West Virginia Small Claims Court, you must complete a Small Claims form. You will need to provide your name, address, and phone number, and the same information for the defendant. You must also describe your claim in detail, as well as the amount of money you are seeking.
Once you have filled out the Small Claims form, you will file it with the Clerk of the Magistrate Court in the county where the defendant resides, does business, or where the incident occurred. You will also be required to pay a filing fee, which varies by county.
Serving the Defendant
After you have filed your claim, the defendant must be served with the Small Claims form. The court will provide you with a summons, which must be served to the defendant within thirty days of filing the claim. The summons can be served by mail or in person.
Hearing Process
At the hearing, both parties will have the opportunity to speak and provide evidence. There may be a judge or magistrate present to oversee the hearing and make a decision. You must bring any evidence that supports your claim, such as receipts, contracts, or photographs. Witnesses may be called upon to testify.
If the judge or magistrate finds in your favor, they will issue a judgment in the amount you were seeking. However, it’s up to you to collect this judgment from the defendant. The court may offer assistance in collecting the judgment.
Appealing a Decision
If you are unhappy with the judge or magistrate’s decision, you have the right to appeal the decision to a higher West Virginia court. You must file your appeal within ten days of the original decision and pay a fee. The case will then be heard by a higher court, and a new decision will be made.
Conclusion
Small Claims Court in West Virginia can be a straightforward and cost-effective way to resolve minor legal disputes. By understanding the eligibility requirements and steps involved in filing and presenting your claim, you can make the process as smooth as possible. However, if you are uncertain about any aspect of the process, consider consulting with an attorney who specializes in small claims court. With the right preparation and legal guidance, you can achieve a favorable outcome in your case.
West Virginia Small Claims Court
The West Virginia small claims court is a division of the Magistrate Court that hears cases that involve torts, contracts, and landlord/tenant actions where the amount in question is no greater than $5,000. The West Virginia small claims court is a court of limited jurisdiction that is presided over by a judge and does not automatically have a jury. For a jury to be requested the amount in question must be greater than $20 or the case must involve an eviction proceeding. Small claims actions are a great way for plaintiffs, with limited time and resources, to sue in court for money damages where, to do otherwise, would be inefficient.
In order to commence a West Virginia small claims action a plaintiff must file a Civil Complaint in the clerk of the Magistrate’s court where there is jurisdiction. Personal jurisdiction is had in the Magistrate court in the county where the defendant resides, can be found, where the contract was signed or performed, or where the cause of action accrued. The Civil complaint may be picked up at the clerk’s office or by downloading the form off of the courts website. The Civil Complaint must contain the names, addresses and phone numbers of all the parties involved in the suit; the amount of damages being sought; and an explanation of why the defendant owes the plaintiff money. The clerk of the court will charge a filing fee between $20 and $60, depending on the county, to process the Civil Complaint.
Once the Civil Complaint is filed the plaintiff must arrange for service of process on the defendant. This is to ensure that the defendant is aware of the action against him, when and where to appear in court, and a chance to reply to the allegations. Service of process may be done by two ways. Either the clerk can send the Civil Complaint and Summons to the defendant by certified mail with return receipt requested; or the plaintiff can arrange for the sheriff, of the county where the defendant lives, to personally serve the defendant.
If you are looking to file a claim in a West Virginia small claims court you may search the West Virginia Judiciary’s www.courtswv.gov/index.html to find the court that has jurisdiction over your case.
