SMALL CLAIMS COMPLAINT

(West Virginia – Magistrate Court, Small Claims Division)

[// GUIDANCE: This template is designed for use in any West Virginia county magistrate court. Customize all bracketed fields, delete guidance comments before filing, and review the local court’s formatting rules (margins, paper size, caption requirements, etc.).]

I. DOCUMENT HEADER

IN THE MAGISTRATE COURT OF [COUNTY] COUNTY, WEST VIRGINIA
Small Claims Division

Civil Action No.: _____ (Assigned by Clerk)

COMPLAINT (SMALL CLAIMS)
Filed pursuant to W. Va. Code § 50-2-4 (civil jurisdiction up to $10,000).

Effective Filing Date: [CLERK STAMP]

II. DEFINITIONS

For purposes of this Complaint, capitalized terms have the meanings set forth below:

1. “Action” means this small-claims civil proceeding filed in the Magistrate Court of [County] County, West Virginia.
2. “Plaintiff” means the person or entity identified above who asserts the claims herein.
3. “Defendant” means the person or entity identified above against whom relief is sought.
4. “Damages” means the monetary relief requested, inclusive of court costs, allowable interest, and any statutory fees, not to exceed the Small Claims Limit (currently $10,000).
   [// GUIDANCE: Add, delete, or refine definitions to match the factual scenario.]

III. OPERATIVE PROVISIONS

3.1 Jurisdiction & Venue

a. This Court has subject-matter jurisdiction under W. Va. Code § 50-2-4 because the amount in controversy does not exceed $10,000.
b. Venue is proper in [County] County because (i) the Defendant resides or does business here, and/or (ii) the events giving rise to the claim occurred here.

3.2 Parties’ Status

a. Plaintiff is a resident of the State of West Virginia with an address as set forth above.
b. Defendant is believed to be a resident of West Virginia with an address as set forth above.

3.3 Statement of Facts

[PARAGRAPH 1] On or about [DATE], Plaintiff and Defendant entered into [briefly describe transaction/relationship – e.g., “a written agreement whereby Defendant agreed to repay Plaintiff $_.”].
[PARAGRAPH 2] Defendant breached said agreement/obligation by [describe act or omission].
[PARAGRAPH 3] As a direct and proximate result, Plaintiff suffered monetary loss in the amount of $_.

3.4 Cause(s) of Action

Count I – [BREACH OF CONTRACT / PROPERTY DAMAGE / UNPAID DEBT / etc.]
1. Plaintiff repeats and realleges ¶¶ 3.1-3.3.
2. Defendant owed Plaintiff a duty/obligation to [describe].
3. Defendant breached that duty/obligation.
4. Plaintiff incurred Damages totaling $__, exclusive of costs and allowable interest.

[Add additional Counts as needed, each not exceeding the small-claims monetary limit.]

3.5 Damages Sought

Plaintiff demands judgment against Defendant, jointly and severally if applicable, for:
a. Compensatory Damages: $__;
b. Pre- and post-judgment interest as allowed by law;
c. Court costs and service fees; and
d. Such other relief as the Court deems just.

[// GUIDANCE: Total of sub-parts (a)–(c) must be within $10,000 jurisdictional cap.]

IV. REPRESENTATIONS & WARRANTIES

1. Plaintiff certifies that all statements herein are true and correct to the best of Plaintiff’s knowledge, information, and belief, formed after reasonable inquiry.
2. Plaintiff represents that the claim is filed in good faith and is not filed for an improper purpose.
3. Plaintiff warrants that no parallel action involving the same claim is pending in any other court.

V. COVENANTS & RESTRICTIONS

1. Plaintiff will promptly notify the Court and Defendant of any payment or settlement that reduces the amount in controversy below the figure stated in § 3.5.
2. Plaintiff agrees to attend all scheduled hearings and to cooperate in the expeditious resolution of this Action.

VI. DEFAULT & REMEDIES

1. If Defendant fails to appear or otherwise plead as required by law, Plaintiff will seek a default judgment for the full amount requested, plus allowable costs and interest.
2. Upon entry of judgment, Plaintiff reserves all enforcement remedies, including but not limited to wage garnishment, bank account attachment, and execution upon personal property, subject to West Virginia law.

VII. RISK ALLOCATION

[Not Applicable]
[// GUIDANCE: Indemnification and liability-limitation clauses are not applicable in a small-claims complaint but may become relevant in any subsequent settlement agreement.]

VIII. DISPUTE RESOLUTION

1. Governing Law: West Virginia substantive law applies.
2. Forum: Small Claims Division of the Magistrate Court of [County] County, West Virginia.
3. Arbitration: Not applicable.
4. Jury Trial: Not available in small-claims proceedings.
5. Injunctive Relief: Not available; Plaintiff seeks monetary relief only.

IX. GENERAL PROVISIONS

1. Amendment: Plaintiff may amend this Complaint as a matter of right prior to service or by leave of court thereafter.
2. Severability: If any provision of this Complaint is deemed unenforceable, the remaining portions shall remain in full force.
3. Integration: This pleading constitutes the entire complaint; no prior statements or documents modify the claims asserted herein.

X. EXECUTION BLOCK

Respectfully submitted this ___ day of [MONTH], 20__.

[PLAINTIFF NAME]
Plaintiff, Pro Se
[Address]
[City], WV [ZIP]
Phone: ([XXX]) XXX-XXXX
Email: [EMAIL]

VERIFICATION

State of West Virginia
County of [COUNTY], to-wit:

I, [PLAINTIFF NAME], being first duly sworn, depose and state that I am the Plaintiff in the foregoing Action; that I have read the foregoing Complaint and know the contents thereof; and that the same is true and correct to the best of my knowledge, information, and belief.

[PLAINTIFF NAME], Affiant

Subscribed and sworn before me this ___ day of [MONTH], 20__.

Notary Public
My Commission Expires: _______

CERTIFICATE OF SERVICE

I certify that on the ___ day of [MONTH], 20__, I served a true and correct copy of this Complaint together with the required civil summons on Defendant by:
☐ Personal service via the Sheriff of [COUNTY] County
☐ Certified mail, return receipt requested
☐ Other authorized method: ________

[PLAINTIFF NAME]

[// GUIDANCE: Attach any required “Civil Case Information Sheet” or county-specific cover pages. Confirm filing fee and service fee amounts with the clerk before submission.]

End of Template