Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.
1–3 weeks before filing
West Virginia's magistrate court rules don't require a demand before filing.
Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.
In West Virginia you can sue for up to $20,000 in the Magistrate Court.
Run the 60-second case check to see the last day you can file.
Use the company's exact legal name and its registered agent's address.
1–2 evenings
Civil Complaint: Magistrate Court Civil Complaint. Get the form.
Sign the complaint; ask the clerk if any part must be sworn.
Bring the original plus one copy for each defendant and one for yourself.
Filing day
Choose how you'll file:
The magistrate court clerk in the right county, usually where the defendant lives or where the problem happened. Give a street address, not a P.O. box.
The state fee law sets $30 for claims up to $500, $35 up to $1,000, $40 up to $2,000, and $50 above that. Other charges, including sheriff service, are added, so ask the magistrate clerk for your exact total. Can't afford it? Ask for a fee waiver: Fee waiver form from the magistrate clerk (with proof of income or benefits).
The clerk issues a summons and sends it with your complaint to the sheriff to deliver to the defendant.
Right after filing
The sheriff usually delivers the complaint and summons to the defendant. It can take a few days to a few weeks.
After being served, the defendant has 20 days to answer (30 days if served through an agent).
Sheriff's return of service
The sheriff files the return with the court after serving; you don't file a form yourself.
Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.
1–4 weeks before
The defendant must file a written answer within 20 days of being served (30 if served through an agent) and can include a counterclaim.
If you settle, tell the clerk in writing and ask to dismiss the case.
Get any settlement in writing, signed by both sides, with the amount and payment date.
A witness who saw what happened is stronger than a written statement; some judges won't accept letters.
Ask the clerk to issue a subpoena; the sheriff or another adult who isn't a party can serve it.
Hearing day
Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.
If the defendant doesn't answer in time, ask for a default judgment. If you miss the trial, your case can be dismissed.
Weeks to months
Either side can appeal to circuit court within 20 days. If there was no jury, the circuit judge holds a new trial; after a jury trial, the appeal is on the record. A bond is usually required.
The court doesn't collect for you. If they don't pay, you can ask for an execution against property or a suggestion (garnishment) of wages or bank accounts.
Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.