Relevant Statutes:
Maximum Dollar Limit:
Locating Agent For Service:
Online Court Forms:
Service Of Process:
Hearing Date:
Attorneys:
Transfer:
Appeals:
Additional Information:
West Virginia Code, Ch. 50, Sections 2.1-6.3. Ch. 56, Sections 1.1. Rules of Civil Procedure for Magistrate's Courts, Rules 1-21.
$5,000.
Secretary
of State Business Organization ServicesSecretary of State Bldg. 1,
Suite 157-K , 1900 Kanawha Blvd., East Charleston, WV 25305-0770;
Phone: (304) 558-8000.
West Virginia Court Forms Link.
Sheriff; if that fails any disinterested adult or the plaintiff's attorney.
Defendant has 20 days to appear. Trial date set after defendant notifies court of intention to defend against claim.
Allowed.
Cases with claims less than $300 will proceed in Circuit Court if both parties consent. Cases with claims exceeding $300 will proceed in Circuit Court, if requested by either party. In magistrate's discretion if defendant requests transfer in answer or within a reasonable time prior to the hearing.
Either party may file for a new trial in Circuit Court within 20 days of judgment.
No equitable relief. Jury trial available on claim of $20. Defendant must answer within 20 days or lose by default.