West Virginia
West Virginia Small Claims: $20,000 Limit in Magistrate Court
Independently fact-checked against primary sources (last audited October 7, 2026). · 28 primary sources cited on this page. How we verify our legal content
West Virginia has no separate small claims court. Civil cases worth up to $20,000, not counting interest and costs, are filed in the magistrate court in each county under W. Va. Code § 50-2-1, a limit that took effect July 7, 2025.
That limit applies to every plaintiff and every kind of money claim the magistrate court can hear. Magistrate court is the closest thing West Virginia has to small claims: the filing fees are low, you can represent yourself, and the magistrate must explain the trial procedure to a party without a lawyer. It is also more formal than small claims in most states, with a written answer, the regular rules of evidence and the option of a jury. This guide walks through a West Virginia magistrate court civil case in the order you will live it. For other states, see our guide to small claims court by state.
Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers civil money claims in West Virginia magistrate court under W. Va. Code chapter 50 and the Rules of Civil Procedure for Magistrate Courts. It does not cover evictions (unlawful entry and detainer), cases in circuit court, criminal cases, or small claims in other states.
West Virginia's limit: $20,000 in magistrate court
Under W. Va. Code § 50-2-1, magistrate courts hear civil actions in which the value or amount in controversy, or the value of the property sought, not counting interest and costs, "is not more than $20,000."
The limit was raised from $10,000 by Enrolled Committee Substitute for House Bill 2761, passed April 8, 2025, and in effect 90 days from passage, on July 7, 2025. The official code and the Supreme Court of Appeals' magistrate courts page both show $20,000.
Some older court material has not caught up. The plaintiff's information sheet (SCA-MI 400, dated 06-18) lists filing fees only up to a $10,000 band, so rely on the statute for the current limit.
There is only one kind of civil case in magistrate court. W. Va. Code § 50-4-1 says, "There shall be one form of civil action in magistrate court." There is no separate small claims track with its own simplified rules. The same $20,000 limit applies whether you are an individual or a business.
Cases magistrate court cannot hear
Some claims cannot go to magistrate court at any amount. Under § 50-2-1, "Magistrate courts do not have jurisdiction of actions in equity, of matters in eminent domain, of matters in which the title to real estate is in issue, of proceedings seeking satisfaction of liens through the sale of real estate, of actions for false imprisonment, of actions for malicious prosecution or of actions for slander or libel." The section also excludes the extraordinary remedies in chapter 53 of the code.
Splitting a claim or waiving the excess
We could not find a West Virginia provision on splitting a larger claim or waiving the amount over $20,000 to stay in magistrate court, or on whether doing so would bar a later suit for the rest. Talk to the clerk or a lawyer before you give up any part of a larger claim. Claims over $20,000 belong in circuit court.
Every claim also has a filing deadline. Our West Virginia statute of limitations guide explains how long you have for different kinds of claims.
Who can file
Magistrate court handles everyday money disputes: an unpaid loan or bill, a contractor who took money and did not finish, property damage, or a landlord who kept a security deposit. For the deposit rules, see our West Virginia landlord-tenant laws guide. We found no limit on how many cases one plaintiff can file in a year.
Minors and others who cannot sue on their own. Under W. Va. Code § 50-5-3, a minor, an incompetent person or an incarcerated convict sues through a duly qualified representative or next friend. If there is none, the magistrate appoints a guardian ad litem, who "shall not be required to be an attorney-at-law."
Commercial creditors. Under § 50-4-1, a commercial creditor's statement of claim must set out the amount of the original obligation, the principal, interest, payments, any credit for repossessed collateral and the amount due.
Filing fees
Under W. Va. Code § 50-3-1, the filing fee depends on the amount of your claim and is collected in advance. Each total below combines the fee in § 50-3-1(a) with the $20.00 fee in § 50-3-1(g) "For filing and trying any civil action."
| Amount claimed | Fee under § 50-3-1(a) | Plus § 50-3-1(g) | Total |
|---|---|---|---|
| $500 or less | $30 | $20 | $50 |
| More than $500, up to $1,000 | $35 | $20 | $55 |
| More than $1,000, up to $2,000 | $40 | $20 | $60 |
| More than $2,000 | $50 | $20 | $70 |
| Relief other than money damages | $30 | $20 | $50 |
The statute has no band above $2,000, so the $70 total covers claims up to the $20,000 limit. The court's older information sheet also lists $70 for its top band, but labels that band as ending at $10,000.
Service costs. You also pay to have the defendant served. The amounts on the court's 2018 information sheet may be out of date, so ask the magistrate clerk for current service charges.
Enforcement. Each enforcement step after judgment, including an execution, a suggestion, a garnishment or a suggestee execution, costs $5.00 under § 50-3-1.
Fee waiver. Under W. Va. Code § 59-2-1, an individual (a "natural person") who cannot afford court fees is permitted to proceed without prepayment "after filing with the court an affidavit that he or she is financially unable to pay the fees or costs." Income guidelines are set by the Chief Justice, and the clerk then arranges service. Under the magistrate court civil rules, filing the affidavit also pauses the statute of limitations.
Do you need a lawyer?
No. You can represent yourself, and lawyers are allowed. The magistrate court civil rules require the magistrate to help a self-represented party understand the process: "When a party appears at trial without counsel, the magistrate shall inform the party, in the presence of all other parties, of the proper procedures regarding the conduct of trial and examination of witnesses."
Businesses and other parties. Under W. Va. Code § 50-4-4a, any party to a magistrate court civil case may appear in person, by agent or by attorney, and an agent's appearance is not the unlawful practice of law. A business can therefore appear through an agent such as an officer or employee. This rule covers magistrate court; an appeal to circuit court may have different requirements.
Where to file
Venue in magistrate court follows the venue rules for circuit courts. Under W. Va. Code § 50-2-2(a), the circuit court venue provisions of chapter 56, article 1 "shall apply to venue of actions in magistrate courts as if the same were set forth fully herein."
Under § 56-1-1, that generally means the county where a defendant lives or where the cause of action arose. A corporation can be sued where its principal office is or where its president or other chief officer lives; a corporation with no principal office or chief officer in West Virginia can be sued where it does business. A defendant can ask to transfer the case if venue is improper, or, when the case was filed where the claim arose and no defendant lives in that county, for convenience (Magistrate Court Civil Rule 4(c)).
Serving the defendant
Under W. Va. Code § 50-4-4, "Service of process in civil actions shall be made in the same manner as is provided for service of process in trial courts of record." The court's plaintiff information sheet explains the choices, which you pick and pay for:
- Certified mail by the clerk, return receipt requested, restricted delivery.
- First-class mail by the clerk, with an acknowledgment form for the defendant to return.
- Personal delivery by the sheriff.
- A private process server or any adult age 18 or older who is not a party.
Leaving the papers with a family member age 16 or older at the defendant's home also counts. If service fails, try again with another allowed method (not first-class mail again). After two failed attempts at personal or family service, you can file an affidavit and ask for an order of publication.
Do not let the case sit. Under Magistrate Court Civil Rule 15, the case is dismissed without prejudice if the defendant has not been served within 6 months of filing, or if it sits for more than 6 months with nothing but continuances.
If you are the defendant
File an answer within 20 days. The summons tells you to appear or notify the court within 20 days of service (W. Va. Code § 50-4-5). The deadline is 30 days if you were served through an authorized agent or attorney in fact. You file the answer with the magistrate clerk and serve a copy on the plaintiff.
Default judgment. If you do not answer in time, the magistrate may enter a default judgment on the plaintiff's affidavit or sworn testimony. The plaintiff can ask for a default 21 days after service (31 days if service was on an agent), and must do so within 6 months or the case is dismissed.
Setting aside a default. Under W. Va. Code § 50-4-10(b), the magistrate can set aside a default judgment for good cause "Upon motion made by the defendant within twenty days after the date of such judgment," and then set the case for trial. For a default, good cause means excusable neglect or unavoidable cause (Magistrate Court Civil Rule 17(e)). The 20 days cannot be extended unless service or the notice of trial was defective (Rule 20(c)).
Counterclaims. You can file a counterclaim for any claim within magistrate court jurisdiction, and the court's defendant information sheet says "No fee is required." A counterclaim from the same transaction is tried with the plaintiff's claim. Under W. Va. Code § 50-4-9, failing to bring a counterclaim does not bar a later lawsuit on it and is not res judicata.
Jury trial. Either party can elect a jury in a civil case when the amount in controversy is more than $20 or the case involves possession of real estate. The election must be in writing no later than 20 days after service of the first timely answer. The jury has six members, and the court's information sheet says a jury fee may be charged to the losing party.
Moving the case to circuit court. Under W. Va. Code § 50-4-8, a case can be removed to circuit court before trial. If the amount in controversy is under $5,000, removal requires the agreement of all parties plus the circuit court filing fee; at $5,000 or more, any party may remove the case by paying the circuit court filing fee. A removal request, like a request for a continuance, must be made in writing and filed and served at least 10 days before the first trial date unless you show good cause (Magistrate Court Civil Rule 12(a)).
Military defendants. Federal law adds a step before a default judgment. Under the Servicemembers Civil Relief Act, when a defendant does not appear, the court must require the plaintiff to file an affidavit stating whether the defendant is in military service before entering judgment (50 U.S.C. § 3931(b)(1)).
Debt collection suits. A debt collector suing a consumer may sue only where the consumer signed the contract or lives when the case starts (15 U.S.C. § 1692i(a)(2)).
Before you file
The code and rules we reviewed do not require a demand letter or mediation before filing. Writing to the other side first is still a sensible way to show the magistrate you tried to settle.
The trial
Once the defendant files an answer denying the claim, the court sets a trial date. Under the magistrate court civil rules, "all parties shall be notified by the court by first-class mail not less than 21 days before such date of trial."
The rules of evidence used in circuit court apply in magistrate court (W. Va. Code § 50-5-1). The magistrate hears cases without a jury unless a party has elected one. The clerk issues subpoenas for witnesses on request (§ 50-5-4), and witness fees are the same as in circuit court. Bring your contract, receipts, photos, messages and any witnesses.
Appeals go to the circuit court
Any party, plaintiff or defendant, can appeal. Under W. Va. Code § 50-5-12(a), "Any person may appeal the judgment of a magistrate court to the circuit court as a matter of right by requesting such appeal not later than twenty days after such judgment is rendered." The 20 days run from a decision on a motion to set aside, if one was filed.
| Appeal step | What § 50-5-12 and the magistrate court rules require |
|---|---|
| Deadline | 20 days after judgment; the circuit court may grant an appeal up to 90 days after judgment for good cause |
| Bond | A bond with good security. § 50-5-12(a) sets it between the court costs of the appeal and the judgment plus costs, but Magistrate Court Civil Rule 18(b) says it must be at least the judgment plus the costs of the appeal; be ready to post the full amount and ask the clerk |
| Fee | The circuit court filing fee, collected by the magistrate clerk |
| No bond needed | Governmental agencies and people allowed to proceed without prepayment of fees |
| Effect on collection | Filing or granting the appeal automatically stays enforcement |
| What happens next | Non-jury case: a new trial (de novo) in circuit court without a jury. Jury case: review on the record |
In a non-jury appeal you file a petition for appeal and trial de novo with the circuit court, and you must move the case forward: if neither side brings it to hearing before the end of the second court term after it is docketed, the appeal is dismissed as abandoned and the magistrate's judgment stands (§ 50-5-12(d)).
Motion to set aside. Instead of, or before, appealing, any party can ask the magistrate to set aside the judgment and grant a new trial for good cause within 20 days after judgment (W. Va. Code § 50-5-10).
Collecting a West Virginia magistrate court judgment
Winning a judgment does not guarantee payment, and the court does not collect payments for you. The clerk must wait at least 20 days after judgment before issuing any enforcement document, because of the appeal and set-aside window. An appeal or a motion to set aside stays enforcement.
The court's Enforcement of Civil Judgments sheet (SCA-MI 600, revised 09/30/2025) lists the main tools:
- Judgment lien. File an abstract of judgment with the county commission clerk to create a lien on the debtor's real estate; forcing a sale takes a separate suit in circuit court.
- Writ of execution. The sheriff seizes the debtor's non-exempt personal property.
- Suggestee execution. A wage garnishment under W. Va. Code chapter 38, article 5A (private and federal employees) or article 5B (state and local government employees).
- Suggestion. Reaches money others hold for the debtor, such as bank accounts (§§ 38-5-10 to 38-5-23).
- Enforcement in other states, if the debtor has moved or holds property elsewhere.
Interest. Under W. Va. Code § 56-6-31(c), post-judgment interest is simple interest at 2 points above the Fifth Federal Reserve District secondary discount rate on January 2 of the year of judgment, with a floor of 4 percent and a ceiling of 9 percent. The Supreme Court of Appeals set the rate at 6.25 percent for judgments entered in 2026, and the rate stays fixed for the life of that judgment.
How long a judgment lasts. Under W. Va. Code § 38-3-18(a), "On a judgment, execution may be issued within ten years after the date thereof," and again within ten years of the return day of an unsatisfied execution. Where the parties have changed, by death or otherwise, an action or scire facias on the judgment can be brought within ten years of the judgment or of the return day of the last unsatisfied execution (§ 38-3-18(c)).
Exemptions. West Virginia protects a debtor's homestead and some personal property from collection. Our West Virginia debt collection laws guide covers those protections, and our guide on how to stop wage garnishment explains the options from the debtor's side. Federal benefits are protected too: Social Security benefits are not subject to "execution, levy, attachment, garnishment, or other legal process" (42 U.S.C. § 407(a)), and VA benefits are exempt from creditors' claims (38 U.S.C. § 5301(a)(1)).
Claims against the federal government
A claim against a federal agency, or a federal employee acting on the job, is not a West Virginia magistrate court case. The claim must first be presented to the agency, and a lawsuit can follow only after the agency finally denies it in writing (28 U.S.C. § 2675(a)). The written claim is due within two years (28 U.S.C. § 2401(b)), and federal district courts have exclusive jurisdiction over these tort claims (28 U.S.C. § 1346(b)(1)).
Official forms and resources
- Magistrate Courts (Supreme Court of Appeals of West Virginia)
- Rules of Civil Procedure for Magistrate Courts
- Information Sheet: Civil Case Defendant (SCA-MI 401)
- Enforcement of Civil Judgments (SCA-MI 600)
- W. Va. Code § 50-2-1 (magistrate court jurisdiction and the $20,000 limit)
Related
- Small claims court by state
- West Virginia statute of limitations
- West Virginia landlord-tenant laws
- West Virginia debt collection laws
- Virginia small claims court
- Ohio small claims court
Disclaimer: This article provides general legal information about civil cases in West Virginia magistrate court under W. Va. Code chapter 50, the Rules of Civil Procedure for Magistrate Courts and the other West Virginia and federal laws cited above, verified on 2026-10-07. It is not legal advice and does not create an attorney-client relationship. For help with your situation, contact your county magistrate clerk, a legal aid office, or a lawyer licensed in West Virginia.
Last updated: 2026-10-07.
Frequently Asked Questions
Does West Virginia have a small claims court?
Not a separate one. Civil claims up to $20,000 are filed in the county magistrate court, which has one form of civil action (W. Va. Code § 50-4-1).
What is the small claims limit in West Virginia?
The magistrate court limit is $20,000, not counting interest and costs, under W. Va. Code § 50-2-1 as amended effective July 7, 2025.
Is the West Virginia magistrate court limit still $10,000?
No. House Bill 2761 raised it to $20,000 effective July 7, 2025. Some older court information sheets still show $10,000.
How much does it cost to file in West Virginia magistrate court?
From $50 for a claim of $500 or less up to $70 for a claim over $2,000, under W. Va. Code § 50-3-1. Service charges are extra.
How long does a defendant have to answer in West Virginia magistrate court?
20 days after service, or 30 days if served through an authorized agent or attorney in fact. A default judgment can follow if no answer is filed.
Can I get a jury trial in West Virginia magistrate court?
Yes. Either party can elect a six-person jury in writing within 20 days after service of the first timely answer when more than $20 is in controversy.
How long do I have to appeal a magistrate court judgment in West Virginia?
20 days after judgment under W. Va. Code § 50-5-12, with a bond and the circuit court filing fee. The circuit court can allow an appeal up to 90 days after judgment for good cause.
Can a default judgment be set aside in West Virginia magistrate court?
Yes, on the defendant's motion within 20 days after the judgment, for good cause (W. Va. Code § 50-4-10(b)).
What is the interest rate on a West Virginia judgment in 2026?
6.25 percent simple interest for judgments entered in 2026, set under W. Va. Code § 56-6-31, and fixed for the life of the judgment.
How long is a West Virginia judgment good for?
Execution may be issued within ten years after the judgment, and again within ten years of the return day of an unsatisfied execution (W. Va. Code § 38-3-18).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
West Virginia Code
§ 50-2-1Civil jurisdiction.In forcecited in 5 of our articles
Except as limited herein and in addition to jurisdiction granted elsewhere to magistrate courts, such courts shall have jurisdiction of all civil actions wherein the value or amount in controversy or the value of property sought, exclusive of interest and cost, is not more than $20,000. Magistrate courts shall have jurisdiction of all matters involving unlawful entry or detainer of real property or involving wrongful occupation of residential rental property, so long as the title to such property is not in dispute. Except as the same may be in conflict with the provisions of this chapter, the provisions of article three, chapter fifty-five of this code, regarding unlawful entry and detainer, shall apply to such actions in magistrate court. Magistrate courts shall have jurisdiction of actions on bonds given pursuant to the provisions of this chapter. Magistrate courts shall have continuing jurisdiction to entertain motions in regard to post-judgment process issued from magistrate court and decisions thereon may be appealed in the same manner as judgments.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2009
Opinions citing this section in our collection:
- PATTERSON v. WARNER Et Al. (Supreme Court of the United States 1974, 415 U.S. 303)“…of the peace in a civil action for the recovery of money. W. Va. Code Ann. § 50-2-1 .…”
- Strawn v. AT & T MOBILITY, INC. (District Court, S.D. West Virginia 2009, 593 F. Supp. 2d 894)“…nterest and cost, is not more than five thousand dollars.” W. Va. Code § 50-2-1 . The court declines to expand the perm…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: West Virginia Landlord-Tenant Recording Laws: Rights and Rules, West Virginia Landlord-Tenant Laws (2026): Deposits, Entry, and Tenant Rights, West Virginia Scam and Fraud Laws: Where to Report and Sue (2026)
§ 50-4-1Commencement of civil actions.In force
There shall be one form of civil action in magistrate court. Civil actions shall be commenced by the payment of the fees required by article three of this chapter and by providing any magistrate court clerk, magistrate court deputy clerk, or magistrate assistant with a concise statement, either oral or written, of the nature of the cause of action. Where such statement is filed by a commercial creditor, the statement shall include, but not be limited to, a setting forth of the amount of the original obligation, the portion thereof which constitutes principal, the portion thereof which represents interest, the date and amount of payments thereon, the amount, if any, credited for the sale of repossessed collateral, and the amount alleged to be due. The magistrate court clerk, the magistrate court deputy clerk, or magistrate assistant shall immediately prepare a summons in such form and containing such information as may be required by the rules of the Supreme Court of Appeals. The summons shall be dated the same day the request therefor is received and the appropriate fees received, and the action shall be deemed commenced as of that date.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 50-3-1Costs in civil actions.In force
The following costs shall be charged in magistrate courts in civil actions and shall be collected in advance: (a) For filing and trying any civil action and for all services connected therewith, but excluding services regarding enforcement of judgment, the following amounts dependent upon the amount of damages sought in the complaint: Where the action is for $500 or less $30.00 Where the action is for more than $500 but not more than $1,000 $35.00 Where the action is for more than $1,000 but not more than $2,000$ 40.00 Where the action is for more than $2,000 $50.00 Where the action seeks relief other than money damage $30.00 Five dollars from each of the filing fees listed above shall be deposited in the Court Security Fund created by the provisions of section fourteen, article three, chapter fifty-one of this code. Five dollars from each of the filing fees listed above shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 50-5-12Appeals in civil cases.In force
(a) Any person may appeal the judgment of a magistrate court to the circuit court as a matter of right by requesting such appeal not later than twenty days after such judgment is rendered or not later than twenty days after a decision is rendered upon a motion to set aside such judgment. Such person shall be required to post a bond with good security in a reasonable amount not less than the reasonable court costs of the appeal nor more than the sum of the judgment and the reasonable court costs of the appeal, upon the condition that such person will satisfy the judgment and any court costs which may be rendered against him on any such appeal. The bond and the circuit court filing fee shall be collected by the magistrate court clerk or deputy clerk at the time the appeal is filed, and be forwarded to the clerk of the circuit court along with other appropriate documents regarding the appeal. No bond shall be required of any governmental agency or authority or of a person who has been permitted to proceed without prepayment in accordance with the provisions of section one, article two, chapter fifty-nine of this code.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 50-4-10Default judgment; confession of judgment.In force
(a) If a defendant in a civil action fails to appear or otherwise notify the magistrate court within the time limits prescribed by section five of this article that he wishes to contest the action, the magistrate may render judgment as justice may require as follows: (1) The magistrate shall render judgment by default only upon affidavit or sworn testimony reflecting the nature of the claim, whether or not it is for a sum certain or for a sum which can by computation be made certain, the defendant's failure to appear or otherwise notify the court within the time limits prescribed by section five of this article that he wishes to contest the action and supporting the relief sought. In the event the plaintiff's claim is not for a sum certain or for a sum which can by computation be made certain, the court shall require such further proof by affidavit or sworn testimony as is necessary to determine the propriety of the relief sought. (2)(A) No judgment by default shall be rendered against a person who is an infant, incompetent person or incarcerated convict unless such person is represented in the action by a guardian ad litem, guardian, committee, curator or other like fiduciary.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 50-4-5Return date in civil action; setting of trial date; failure to appear or notify.In force
Except as may otherwise be provided by law, each summons in a civil action shall notify the defendant that he must appear within twenty days after service of the summons upon him or that he must otherwise notify the magistrate court by that time that he wishes to contest the matter. If the magistrate court is notified by the defendant that he wishes to contest the matter a trial date shall be set in accordance with the supervisory rules of the Supreme Court of Appeals. If no appearance or other notification is made within twenty days after the service of the summons on the defendant, or within such other time as may be provided by law, judgment by default may be entered in accordance with the provisions of section ten of this article. At any trial in any matter involving unlawful entry and detainer and in the trial of any case in any way involving the possession, use or control of rental property, it is permissible for a party to plead, prove and obtain judgment for all rent due and owing the party.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 50-5-8Trial by jury; trial to the court.In force
(a) A party to a civil action in magistrate court has the right to elect that the matter be tried with a jury when the amount in controversy exceeds $20 or involves possession of real estate. The election must be made in writing at any time after the commencement of the action and not later than twenty days after the service of any first timely filed answer to the complaint. Failure to elect within such time constitutes a waiver of the right to trial by jury. (b) A defendant in any criminal trial for a misdemeanor offense triable before a magistrate has the right to demand that the matter be tried with a jury, and the defendant shall be advised of the right to trial by jury in writing. A demand by the defendant for a jury trial must be made in writing not later than twenty days after the defendant's initial appearance before the magistrate: Provided, That in the case of an indigent for whom counsel is to be appointed, the twenty-day period shall not commence to run until counsel is appointed. Failure to demand within such time constitutes a waiver of the right to trial by jury.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 50-4-8Removal to circuit court.In force
At any time before trial in a civil action involving less than $5,000 the action may be removed to circuit court upon the concurrence of all parties and upon the payment of the circuit court filing fee. At any time before trial in a civil action involving $5,000 or more, any party may, upon payment of the circuit court filing fee, cause such action to be removed to the circuit court: Provided, That at any time before trial in any action for wrongful occupation or unlawful detainer involving $2,500 or more any party may, upon payment of the circuit court filing fee, cause such action to be removed to circuit court. All appropriate documents shall then be forwarded along with the fee to the clerk of the circuit court. The matter shall then be heard by the circuit court.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 56-6-31Interest on judgment or decree.In force
(a) Except where it is otherwise provided by law, every judgment or decree for the payment of money, whether in an action sounding in tort, contract, or otherwise, entered by any court of this state shall bear simple, not compounding, interest, whether it is stated in the judgment decree or not. (b) Prejudgment – In any judgment or decree that contains special damages, as defined below, or for liquidated damages, the court may award prejudgment interest on all or some of the amount of the special or liquidated damages, as calculated after the amount of any settlements. Any such amounts of special or liquidated damages shall bear simple, not compounding, interest. Special damages include lost wages and income, medical expenses, damages to tangible personal property and similar out-of-pocket expenditures, as determined by the court. If an obligation is based upon a written agreement, the obligation bears prejudgment interest at the rate and terms set forth in the written agreement until the date the judgment or decree is entered and, after that, the judgment interest is the same rate as provided for below in subsection (c) of this section.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 38-3-18Limitations on enforcement of judgments.In forcecited in 3 of our articles
(a) On a judgment, execution may be issued within ten years after the date thereof. Where execution issues within ten years as aforesaid, other executions may be issued on such judgment within ten years from the return day of the last execution issued thereon, on which there is no return by an officer, or which has been returned unsatisfied. (b) For any order for child support in an action filed on and after the amendment and reenactment of this section during the 2008 legislative session, an execution may be issued upon a judgment for child support, as those terms are defined in chapter forty-eight of this code, within ten years after the emancipation of the child: Provided, That in cases where the support order is for more than one child, the limitations set forth in subsection (a) of this section commence when the youngest child who is the subject of the order on which the execution is based reaches the age of eighteen or is otherwise legally emancipated.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Dotson v. Heckert (Court of Appeals for the Fourth Circuit 2001)“…judgment under West Virginia law had expired in 1993 under W. Va. Code §§ 38-3-18. In connection with the collection atte…”
- Johns v. Mannington Home Center, Inc. (United States Bankruptcy Court, N.D. West Virginia 2022)“…ht on any judgment . . . after the time prescribed in [W. Va. Code § 38-3-18], except that in computing the time, an…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: West Virginia Statute of Limitations: Filing Deadlines by Case Type
§ 59-2-1Suits by persons financially unable to pay.In force
(a) A natural person who is financially unable to pay the fees or costs attendant to the commencement, prosecution or defense of any civil action or proceeding, or an appeal therein, is permitted to proceed without prepayment in any court of this state, after filing with the court an affidavit that he or she is financially unable to pay the fees or costs or give security therefor. (1) The clerk of the court and all other officers of the court shall issue and serve all process and perform all duties in such cases. (2) Judgment may be rendered for costs at the conclusion of the action, where otherwise authorized by law, and be taxable against a losing party who has not been determined to be financially unable to pay. (3) Upon the filing of an affidavit in accordance with this subsection, seeking an appeal in a civil case from a circuit court to the Supreme Court of Appeals, the Supreme Court of Appeals may direct payment by the administrative office of the Supreme Court of Appeals of the expenses of duplicating the record on appeal after it is transmitted by the clerk of the circuit court.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- W. Va. Code § 50-2-1, Magistrate court civil jurisdiction ($20,000 limit)(code.wvlegislature.gov).gov
- Enrolled Committee Substitute for H.B. 2761 (2025 Regular Session)(wvlegislature.gov).gov
- Supreme Court of Appeals of West Virginia: Magistrate Courts(courtswv.gov).gov
- Information Sheet: Civil Case Plaintiff (SCA-MI 400)(courtswv.gov).gov
- W. Va. Code § 50-4-1, One form of civil action; statement of claim(code.wvlegislature.gov).gov
- W. Va. Code § 50-5-3, Minors, incompetents and convicts as parties(code.wvlegislature.gov).gov
- W. Va. Code § 50-3-1, Magistrate court costs and fees(code.wvlegislature.gov).gov
- W. Va. Code § 59-2-1, Proceeding without prepayment of fees(code.wvlegislature.gov).gov
- Rules of Civil Procedure for Magistrate Courts(courtswv.gov).gov
- W. Va. Code § 50-2-2, Venue in magistrate court(code.wvlegislature.gov).gov
- W. Va. Code § 56-1-1, Venue of actions(code.wvlegislature.gov).gov
- W. Va. Code § 50-4-4, Service of process(code.wvlegislature.gov).gov
- W. Va. Code § 50-4-10, Default judgment; setting aside(code.wvlegislature.gov).gov
- Information Sheet: Civil Case Defendant (SCA-MI 401)(courtswv.gov).gov
- W. Va. Code § 50-4-9, Counterclaims(code.wvlegislature.gov).gov
- 50 U.S.C. § 3931, Servicemembers Civil Relief Act: protection in default judgments(govinfo.gov).gov
- 15 U.S.C. § 1692i, Fair Debt Collection Practices Act: legal actions by debt collectors(govinfo.gov).gov
- W. Va. Code § 50-5-12, Appeals to circuit court(code.wvlegislature.gov).gov
- W. Va. Code § 50-5-10, Setting aside judgment; new trial(code.wvlegislature.gov).gov
- Enforcement of Civil Judgments (SCA-MI 600, revised 09/30/2025)(courtswv.gov).gov
- Supreme Court of Appeals of West Virginia: Supreme Court sets 2026 interest rate(courtswv.gov).gov
- W. Va. Code § 38-3-18, Limitation on enforcement of judgments(code.wvlegislature.gov).gov
- 42 U.S.C. § 407, Social Security benefits protected from legal process(govinfo.gov).gov
- 38 U.S.C. § 5301, VA benefits exempt from creditors(govinfo.gov).gov
- 28 U.S.C. § 2675, Disposition by federal agency as prerequisite to suit(govinfo.gov).gov
- 28 U.S.C. § 2401, Time for commencing action against the United States(govinfo.gov).gov
- 28 U.S.C. § 1346, United States as defendant(govinfo.gov).gov
- W. Va. Code § 50-4-4a, Appearance in person, by agent or by attorney(code.wvlegislature.gov).gov