Courts · Small Claims
Small Claims Court Limit in West Virginia
The most you can sue for in West Virginia small claims — with the filing-fee range and whether a lawyer is allowed, cited to the statute.
The limit, the fee & who can appear in West Virginia
The claim ceiling, how the filing fee is set, and whether lawyers are allowed at the hearing.
| Maximum claim | $20,000 |
| How the limit works | One statewide limit |
| Filing fee | $30–$50 + service costs by amount claimed (§50-3-1): $30 up to $500, $35 up to $1,000, $40 up to $2,000, and $50 for more than $2,000, plus service-of-process costs |
| Lawyers at the hearing | Allowed Lawyers are permitted in magistrate court but are not required. HB 2761 (2025) also confirmed that a corporation or similar entity may appear through a non-lawyer agent to pursue its own claim, rather than the claim of a third party. |
| Statute / court rule | W. Va. Code §50-2-1 (limit, as amended by HB 2761, 2025); §50-3-1 (fees) |
West Virginia has no separate "small claims court." Civil disputes up to $20,000 are heard in magistrate court under W. Va. Code §50-2-1, and the smaller, informal cases people call "small claims" are simply magistrate civil actions. Magistrate courts cannot hear cases in equity, title-to-real-estate disputes, or claims like libel, slander, or false imprisonment.
West Virginia doubled the magistrate court civil limit from $10,000 to $20,000 through HB 2761, signed April 25, 2025 and effective in July 2025. Pages still quoting $10,000 are out of date; the current limit is $20,000.
Where to file in West Virginia
A reference page, not a filing walkthrough — here's the official resource for procedure.
This page is a reference for the dollar limit, fee, and whether a lawyer is allowed — not a step-by-step filing guide. For the forms, where to file, and how service works, use West Virginia's official court self-help resource.
→ Legal Aid of West Virginia: Filing in Magistrate CourtWhat West Virginia filers get wrong
West Virginia does not have a court called "small claims." The everyday disputes people mean by that phrase are handled in magistrate court, and the civil jurisdiction limit there just doubled. Under W. Va. Code §50-2-1, as amended by HB 2761 in 2025, magistrate courts hear civil actions up to $20,000, exclusive of interest and costs, up from the old $10,000 cap. The change was signed on April 25, 2025 and took effect about 90 days later. Some legal databases still show the superseded $10,000 figure, which is why we have flagged this page as draft until the amended text is confirmed on the state's own site. Lawyers are allowed but not required, and the same bill made clear that a business can appear through a non-lawyer agent to press its own claim. Filing fees are low and set by §50-3-1, running from $30 to $50 depending on the amount, plus the cost of serving the other side.
Common questions
What is the small claims limit in West Virginia?
West Virginia handles small civil claims in magistrate court, which can hear cases up to $20,000 under W. Va. Code §50-2-1. The limit rose from $10,000 to $20,000 through HB 2761, effective in July 2025.
Does West Virginia have a separate small claims court?
No. There is no dedicated small claims court. What most people call small claims is a civil case in magistrate court, which uses simpler, less formal procedures and now covers claims up to $20,000.
Did the West Virginia magistrate court limit change?
Yes. HB 2761 (2025) doubled the magistrate court civil jurisdiction from $10,000 to $20,000. The governor signed it on April 25, 2025 and it took effect roughly 90 days later. Older pages showing $10,000 are out of date.
Can a business sue in West Virginia magistrate court without a lawyer?
Yes. HB 2761 confirmed that a corporation or similar entity may appear through a non-lawyer agent to pursue its own claim. Lawyers are permitted for either side but are not required.
How much does it cost to file a civil case in West Virginia magistrate court?
Under §50-3-1 the fee depends on the amount claimed: $30 up to $500, $35 up to $1,000, $40 up to $2,000, and $50 above $2,000, plus the cost of serving the defendant. A fee waiver is available if you cannot afford it.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.