West Virginia Small Claims Forms - Small Claims Court

West Virginia Small Claims Court FAQ West Virginia Small Claims Court

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about Small Claims Court West Virginia

  • What is the small claims limit in West Virginia?

    The small claims limit in West Virginia is currently set at $5,000. This means you can file a claim for amounts up to this limit without the need for a lawyer. Understanding this limit helps you to determine if your case qualifies for small claims court. Make sure to complete your West Virginia small claims forms accurately to ensure your claim is valid.

  • How do I take someone to small claims court in WV?

    To take someone to small claims court in West Virginia, you first need to gather the necessary documentation and fill out the appropriate West Virginia small claims forms. Make sure to clearly state your case and provide evidence to support your claim. Once your forms are completed, submit them to the local court clerk. It's essential to be prepared for the court hearing, as this is your chance to present your side of the story.

  • What is the parenting plan in West Virginia?

    A parenting plan in West Virginia outlines the custody and visitation arrangements between parents. It covers aspects such as where the child will live, schedules for visits, and decisions regarding education and health care. Having a clear parenting plan can help minimize conflicts and ensure the child's best interests are met. For assistance in drafting a plan, look for templates on Uslegalforms that streamline this process.

  • Can you refuse child support in WV?

    In West Virginia, you cannot refuse child support outright; it is a legal obligation. Only a court can modify or terminate child support, depending on various circumstances. If you believe you have valid grounds, the appropriate action is to file a motion with the court. Using West Virginia Small Claims Forms can help you navigate this legal landscape effectively.

  • How do I stop the child support process?

    Stopping the child support process requires legal action and must be initiated by filing an appropriate motion in court. You must present a compelling reason for the cessation, whether due to job loss or a new custody agreement. Always remember that the court must agree to finalize any changes. Using West Virginia Small Claims Forms simplifies the process, ensuring you have everything you need.

  • How to stop child support in West Virginia?

    To stop child support in West Virginia, you must file a motion with the court that issued the original order. This process involves submitting proper paperwork and demonstrating a valid reason. Keep in mind that simply wishing to stop payments is not enough; the court needs evidence such as a change in financial status or custody arrangements. Uslegalforms provides templates that can help you with the necessary documents for this process.

  • What is the structure of the West Virginia State court?

    The West Virginia State court system is composed of several levels. At the top are the Supreme Court of Appeals, followed by Circuit Courts, Family Courts, and Magistrate Courts. Each court has its own jurisdiction and handles specific types of cases, including small claims. For those needing West Virginia Small Claims Forms, the Magistrate Courts are typically where you would file petty disputes.

  • What can you not sue for in small claims court?

    In small claims court, you generally cannot sue for divorce, personal injury above the monetary limit, defamation, or claims against the government. Additionally, small claims courts do not handle many types of contract disputes that require complex legal interpretations. Understanding the limits of small claims court will help you use the West Virginia small claims forms effectively for appropriate claims.

  • Is taking someone to small claims court worth it?

    Taking someone to small claims court can be worth it, especially if you have a legitimate claim for unpaid debts or resolved disputes. The process is typically faster and less formal than traditional court proceedings, making it accessible for everyday people. By utilizing West Virginia small claims forms, you can streamline the process and increase your chance of a successful outcome.

  • Can I take someone to small claims court for $100?

    Yes, you can take someone to small claims court for $100, as long as it's within the court's jurisdiction. While the amount is low, it may still be worth pursuing if the situation is justified. Just ensure that you complete the West Virginia small claims forms correctly, as even small disputes can lead to valuable resolutions.