Small Claims Answer

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

West Virginia requires the use of standardized magistrate court forms for civil answers.
This template provides the substantive legal content to help you prepare —
but you must transfer your content to the official form before filing. The official forms
are available at https://www.courtswv.gov/public-resources/court-forms/magistrate-court-forms.
Do not file this document directly with the court.

IN THE MAGISTRATE COURT OF

[________________________________] COUNTY

STATE OF WEST VIRGINIA

DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM

FILING DEADLINE NOTICE

This Answer must be filed within TWENTY (20) CALENDAR DAYS after service of the Summons and Complaint. See Rules of Civil Procedure for Magistrate Courts, Rule 3(b). If service was made upon Defendant's agent or attorney, the deadline is thirty (30) days. For eviction actions, the deadline is five (5) days. Failure to file a timely Answer may result in a default judgment being entered against you pursuant to W.Va. Code § 50-5-7.

• Date Summons and Complaint were served on Defendant: [__/__/____]
• Deadline to file this Answer: [__/__/____]
• Date this Answer is being filed: [__/__/____]

Method of Service on Defendant:

☐ Personal service on Defendant
☐ Service on Defendant's agent or attorney (30-day deadline applies)
☐ Service by posting / other method ordered by the court

I. DEFENDANT INFORMATION

Defendant appears in this action:

☐ Pro se (self-represented, without an attorney)
☐ By counsel — Attorney information below:

Note: Parties in West Virginia Magistrate Court are not required to have an attorney. However, either party may retain counsel. Corporations and other business entities must generally be represented by an attorney. See W.Va. Code § 50-4-1.

II. PRELIMINARY STATEMENT

1. Defendant, [________________________________], hereby submits this timely Answer to the Complaint filed by Plaintiff, [________________________________] ("Plaintiff"), in the above-captioned matter.

2. This Answer is filed pursuant to the Rules of Civil Procedure for Magistrate Courts, Rule 3(b), within the twenty (20) calendar days allowed after service of the Summons and Complaint (or thirty (30) days if served on Defendant's agent or attorney).

3. All allegations contained in the Complaint that are not expressly admitted herein are hereby denied, and Defendant demands strict proof thereof.

4. Defendant reserves all rights, defenses, and objections available under West Virginia law.

III. RESPONSES TO PLAINTIFF'S ALLEGATIONS

Defendant responds to each numbered allegation of the Complaint as follows, pursuant to the Rules of Civil Procedure for Magistrate Courts:

Instructions: For each paragraph of the Complaint, check the appropriate response and provide any explanation.

Allegation No. 1

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Allegation No. 2

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Allegation No. 3

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Allegation No. 4

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Allegation No. 5

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Allegation No. 6

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Add additional allegation responses as needed to match the Complaint.

IV. DEFENDANT'S STATEMENT OF FACTS

Defendant states the following facts in support of this Answer:

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

5. [________________________________]

6. [________________________________]

7. [________________________________]

8. [________________________________]

Note: In West Virginia Magistrate Court proceedings, hearings are conducted in an informal manner. The magistrate will hear testimony from both sides and review evidence. While formal rules of evidence are relaxed, the magistrate may exclude irrelevant or unduly prejudicial material. See W.Va. Code § 50-4-1. Bring all supporting documents, photographs, receipts, contracts, text messages, emails, and other evidence to the hearing.

V. AFFIRMATIVE DEFENSES

Defendant asserts the following defenses without assuming any burden of proof not otherwise imposed by law. Each defense is pleaded separately and in the alternative. Under the Rules of Civil Procedure for Magistrate Courts, affirmative defenses must be pleaded with the answer or they may be deemed waived.

Defense No. 1: Failure to State a Claim

Plaintiff's Complaint fails to state a claim upon which relief can be granted. Even accepting all allegations as true, no legally cognizable cause of action is established under West Virginia law.

Defense No. 2: Statute of Limitations

Plaintiff's claims are barred, in whole or in part, by the applicable West Virginia statutes of limitations, including:

• W.Va. Code § 55-2-6: Ten (10) years for actions on a contract in writing, or a judgment or decree of any court
• W.Va. Code § 55-2-6: Five (5) years for actions on an unwritten or oral contract
• W.Va. Code § 55-2-12(a): Two (2) years for actions for damage to property
• W.Va. Code § 55-2-12(b): Two (2) years for actions for personal injury
• W.Va. Code § 55-2-12(c): Two (2) years for actions for fraud and deceit (from discovery of the fraud)
• W.Va. Code § 46-2-725: Four (4) years for breach of contract for the sale of goods under the UCC
• W.Va. Code § 55-2-6: Two (2) years for actions for trespass on real property

Defense No. 3: Payment, Accord, and Satisfaction

Any amounts allegedly owed by Defendant to Plaintiff have been paid in full, settled by accord and satisfaction, or otherwise discharged. Defendant states: [________________________________]

Defense No. 4: Setoff and Recoupment

Defendant is entitled to set off against any amount owed to Plaintiff sums that Plaintiff owes to Defendant arising from the same or related transactions. See W.Va. Code § 50-5-8.

Defense No. 5: Lack of Standing

Plaintiff lacks standing to bring this action because Plaintiff has not suffered a legally cognizable injury, is not the real party in interest, or has assigned the claim to another entity.

Defense No. 6: Estoppel, Waiver, and Laches

Plaintiff is estopped from asserting these claims, has waived the right to bring these claims through prior conduct or agreement, or is barred by the doctrine of laches due to unreasonable delay causing prejudice to Defendant.

Defense No. 7: Failure to Mitigate Damages

Plaintiff failed to take reasonable steps to mitigate damages as required under West Virginia law. Any alleged losses are attributable, in whole or in part, to Plaintiff's failure to mitigate.

Defense No. 8: Comparative Fault

Pursuant to W.Va. Code § 55-7-13a (West Virginia's Modified Comparative Fault Statute), Plaintiff's own negligence or fault caused or contributed to any damages alleged. West Virginia follows a modified comparative fault system; Plaintiff's recovery is barred if Plaintiff's fault equals or exceeds the combined fault of all other parties responsible for the damages.

Defense No. 9: Fraud or Misrepresentation by Plaintiff

The agreement, transaction, or obligation underlying Plaintiff's claims was procured by fraud, misrepresentation, or material omission by Plaintiff, rendering the obligation voidable.

Defense No. 10: Unclean Hands

Plaintiff has engaged in inequitable conduct relating to the subject matter of this action, and equitable relief should be denied under the doctrine of unclean hands.

Defense No. 11: Improper Service of Process

Service of process was not properly effected in accordance with W.Va. Code § 50-3-2 and the Rules of Civil Procedure for Magistrate Courts, thereby depriving this Court of personal jurisdiction over Defendant.

Defense No. 12: Reservation of Additional Defenses

Defendant reserves the right to assert additional defenses as they become known through investigation or preparation for the hearing. The Rules of Civil Procedure for Magistrate Courts permit liberal amendment of pleadings.

VI. COUNTERCLAIM

Complete this section ONLY if Defendant has a claim against Plaintiff. If no counterclaim is asserted, check the box below and skip to Section VII.

☐ No Counterclaim. Defendant does not assert a counterclaim at this time.

☐ Counterclaim Asserted. Defendant asserts the following counterclaim against Plaintiff pursuant to W.Va. Code § 50-5-8.

IMPORTANT NOTICE REGARDING COUNTERCLAIMS

• A counterclaim must be within the Magistrate Court's jurisdictional limit of $10,000. See W.Va. Code § 50-2-1.
• The counterclaim should be filed with the Answer. Any claim arising from the same transaction or occurrence as the Plaintiff's Complaint is a compulsory counterclaim and must be asserted in this action or it may be barred in future proceedings.
• The counterclaim must seek monetary damages only (the Magistrate Court cannot grant injunctive or equitable relief in small claims matters, except in landlord-tenant disputes).
• A filing fee may be required for the counterclaim. Verify with the Magistrate Court Clerk.
• The counterclaim must be served on the Plaintiff.

A. Counterclaim Parties

B. Jurisdiction and Venue

This counterclaim is properly brought in the Magistrate Court of [________________________________] County because:

☐ The amount in controversy does not exceed $10,000 (W.Va. Code § 50-2-1)
☐ The counterclaim arises from the same transaction or occurrence as the Complaint
☐ Venue is proper in this county because the transaction occurred or Defendant resides in this county

C. Type of Counterclaim

☐ Breach of Contract (written)
☐ Breach of Contract (oral)
☐ Property Damage
☐ Return of Security Deposit (W.Va. Code § 37-6A-1 et seq.)
☐ Unpaid Wages or Services Rendered
☐ Money Had and Received / Unjust Enrichment
☐ Fraud / Misrepresentation
☐ Consumer Protection Violation (W.Va. Code § 46A-1-101 et seq., Consumer Credit and Protection Act)
☐ Breach of Warranty
☐ Conversion of Property
☐ Negligence
☐ Other: [________________________________]

D. Factual Allegations Supporting Counterclaim

State the facts giving rise to your counterclaim clearly and in numbered paragraphs:

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

5. [________________________________]

6. [________________________________]

E. Damages Sought on Counterclaim

Counter-Claimant seeks judgment against Counter-Defendant in the amount of:

$[________________________________]

This amount includes:

☐ Actual/compensatory damages: $[________________________________]
☐ Return of security deposit: $[________________________________]
☐ Repair / replacement costs: $[________________________________]
☐ Lost wages / income: $[________________________________]
☐ Other: $[________________________________]

Plus the following additional relief:

☐ Pre-judgment interest as permitted by law
☐ Post-judgment interest at the statutory rate (W.Va. Code § 56-6-31: 7% per annum on judgments, or 10% if specified by contract)
☐ Court costs
☐ Such other relief as the Court deems just and proper

F. Supporting Documents for Counterclaim

List all documents Defendant intends to present at the hearing in support of the counterclaim:

☐ Contract / written agreement
☐ Receipts / invoices
☐ Photographs
☐ Text messages / emails
☐ Correspondence / demand letters
☐ Estimates / repair quotes
☐ Bank / financial records
☐ Witness statements
☐ Other: [________________________________]

VII. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

A. Deny Plaintiff's Complaint in its entirety and enter judgment in favor of Defendant;

B. Enter judgment in favor of Defendant on the Counterclaim (if asserted) in the amount of $[________________________________], plus allowable pre-judgment and post-judgment interest;

C. Award Defendant recoverable court costs as permitted by law;

D. Grant such other and further relief as the Court deems just and proper.

VIII. VERIFICATION

I, [________________________________], state under oath (or affirm under penalty of perjury pursuant to W.Va. Code § 39-4-6) that the foregoing Answer (and Counterclaim, if applicable) is true and correct to the best of my knowledge, information, and belief. I understand that a false statement may subject me to penalties under West Virginia law.

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Notary Public (if required by local rule):

State of West Virginia, County of [________________________________]

Subscribed and sworn to before me this [____] day of [________________________________], 20[____].

Notary Signature: ________________________________________

My commission expires: [__/__/____]

Note: Many West Virginia Magistrate Courts accept an unsworn declaration under penalty of perjury (W.Va. Code § 39-4-6) in lieu of notarization. Confirm with the Magistrate Court Clerk.

IX. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Defendant's Answer, Affirmative Defenses, and Counterclaim was served upon the Plaintiff by the following method:

☐ First-class U.S. Mail, postage prepaid, addressed to:

[________________________________]
[________________________________]
[________________________________]

☐ Certified mail, return receipt requested, addressed to:

[________________________________]
[________________________________]
[________________________________]
Certified Mail Tracking No.: [________________________________]

☐ Hand delivery / personal service to:

[________________________________]
[________________________________]

☐ Other method: [________________________________]

Note: Service of the Answer and Counterclaim must comply with the Rules of Civil Procedure for Magistrate Courts. Retain proof of mailing or delivery to avoid disputes regarding service.

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

X. HEARING INFORMATION AND PREPARATION

A. Hearing Date and Location

B. What to Bring to the Hearing

☐ A copy of this filed Answer
☐ A copy of the original Complaint and Summons
☐ All contracts, agreements, or written documents relevant to the dispute
☐ Receipts, invoices, estimates, or proof of payment
☐ Photographs or video evidence
☐ Text messages, emails, or other written communications
☐ A list of witnesses you intend to call (with contact information)
☐ Subpoenas for witnesses (if issued pursuant to W.Va. Code § 50-4-4)
☐ Any other evidence that supports your defense or counterclaim
☐ Photo identification
☐ Proof of service of counterclaim (if applicable)

C. Important Hearing Rules

• West Virginia Magistrate Court hearings are conducted informally. The magistrate will hear testimony and review evidence from both parties. See W.Va. Code § 50-4-1.
• There is no jury in Magistrate Court small claims proceedings. The magistrate decides the case. (However, either party may request a jury trial in certain civil actions; see W.Va. Code § 50-5-10.)
• If you fail to appear at the hearing, a default judgment may be entered against you pursuant to W.Va. Code § 50-5-7.
• Both parties will have an opportunity to present their case, call witnesses, and introduce evidence.
• Hearings are generally brief (15 to 30 minutes).
• Interpreter services may be requested in advance through the court clerk's office.
• The magistrate may attempt to mediate or settle the dispute before conducting a formal hearing.

XI. FILING REQUIREMENTS AND FEES

A. Filing Fee

The filing fee for an Answer in the Magistrate Court varies. Contact the [________________________________] County Magistrate Court Clerk to confirm the current fee.

☐ Filing fee paid: $[________________________________]
☐ Fee waiver / deferral application submitted (In Forma Pauperis motion)
☐ No filing fee required for answer (verify with clerk)

B. Filing Methods

☐ In person at the Magistrate Court Clerk's office
☐ By mail to the Magistrate Court Clerk

C. Filing Checklist

☐ Original Answer filed with Magistrate Court Clerk
☐ Copy of Answer served on Plaintiff
☐ Filing fee paid (if applicable) or waiver filed
☐ Proof of service retained for records
☐ Hearing date confirmed
☐ Counterclaim filing fee paid (if applicable)

XII. POST-HEARING INFORMATION

A. Appeal Rights

If you disagree with the magistrate's decision, you may appeal to the Circuit Court as a matter of right pursuant to W.Va. Code § 50-5-12:

• An appeal must be filed within twenty (20) days after the judgment is rendered, or within twenty (20) days after a decision on a motion to set aside the judgment.
• The appeal is taken to the Circuit Court of the county.
• The appealing party must 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 reasonable court costs. See W.Va. Code § 50-5-12.
• A circuit court filing fee must be paid at the time the appeal is filed.
• The appeal is heard de novo (as a new trial) in Circuit Court.
• Formal rules of evidence and procedure apply on appeal.
• Either party may be represented by an attorney on appeal.
• The bond and circuit court filing fee are collected by the Magistrate Court Clerk and forwarded to the Circuit Court Clerk.

B. Judgment Enforcement

If a money judgment is entered, the prevailing party may enforce it through:

• Garnishment of wages or bank accounts (W.Va. Code § 38-5A-1 et seq.)
• Judgment lien on real property (W.Va. Code § 38-3-6)
• Execution on personal property (W.Va. Code § 38-4-1 et seq.)
• Debtor examination
• Other lawful collection methods

C. Vacating a Default Judgment

A defendant against whom a default judgment has been entered may file a motion to set aside the judgment. The motion must demonstrate excusable neglect, a meritorious defense, and be filed within a reasonable time. See Rules of Civil Procedure for Magistrate Courts, Rule 11.

IMPORTANT PRACTICE NOTES FOR WEST VIRGINIA SMALL CLAIMS

Jurisdictional Limit

The Magistrate Court has civil jurisdiction over claims where the amount in controversy does not exceed $10,000. See W.Va. Code § 50-2-1. This limit applies to both the original claim and any counterclaim.

Answer Deadline

The answer must be filed within twenty (20) days of service on the defendant, or thirty (30) days if served on the defendant's agent or attorney. For eviction actions, the deadline is five (5) days. See Rules of Civil Procedure for Magistrate Courts, Rule 3(b).

Compulsory Counterclaims

Any claim arising from the same transaction or occurrence as the Plaintiff's Complaint must be asserted as a counterclaim in this action or it may be barred in future proceedings. See W.Va. Code § 50-5-8.

Attorney Representation

Parties are not required to have an attorney in Magistrate Court. However, either party may retain counsel. Corporations and other business entities generally must be represented by an attorney.

Liberal Amendment of Pleadings

The Rules of Civil Procedure for Magistrate Courts permit liberal amendment of pleadings. If additional facts arise or additional defenses become apparent, seek leave to amend promptly.

No Formal Discovery (Generally)

Formal discovery procedures (interrogatories, depositions, requests for production) are generally limited in Magistrate Court. However, parties may bring witnesses and documents to the hearing and request subpoenas through the court clerk. See W.Va. Code § 50-4-4.

Mediation

Some West Virginia Magistrate Courts offer mediation services. Mediation may be available before or at the hearing. Contact the court clerk for local availability.

Sources and References

• W.Va. Code Chapter 50 – Magistrate Courts: WV Legislature
• W.Va. Code § 50-2-1 – Civil Jurisdiction: WV Legislature
• W.Va. Code § 50-5-8 – Counterclaims: WV Legislature
• W.Va. Code § 50-5-12 – Appeals in Civil Cases: WV Legislature
• W.Va. Code § 55-2-6 – Breach of Contract Limitations: WV Legislature
• W.Va. Code § 55-2-12 – Personal Injury and Property Damage Limitations: WV Legislature
• Rules of Civil Procedure for Magistrate Courts: WV Judiciary
• West Virginia Small Claims Court Overview: Nolo
• West Virginia Small Claims Courts: FindLaw
• West Virginia Small Claims Court: Debitura