Small Claims Complaint - West Virginia
WEST VIRGINIA MAGISTRATE COURT CIVIL COMPLAINT
SCA-M207 preparation companion
DO NOT FILE THIS MARKDOWN. Transfer the reviewed information to the
current Civil Complaint form linked by the West Virginia Judiciary, presently
SCA-M207. Confirm the current form, fees, filing method, service instructions,
and county-specific intake requirements with the magistrate court clerk.
1. Filing control
| Item | Verified entry |
|---|---|
| Filing county | [________________________________] |
| Magistrate court contact | [________________________________] |
| Current official form URL | [________________________________] |
| Form number and revision shown | [________________________________] |
| Filing fee or approved waiver | [________________________________] |
| Proposed filing date | [__/__/____] |
| Plaintiff reviewing counsel | [________________________________] |
2. Jurisdiction screen
W. Va. Code § 50-2-1 sets a $20,000 magistrate-court ceiling, exclusive of
interest and costs. That ceiling is jurisdictional; it is not a cap on the
underlying liability.
Amount or property value sought, excluding interest and costs: $[____________]
Confirm that none of these statutory exclusions applies:
☐ Action in equity
☐ Eminent-domain matter
☐ Title to real estate is in issue
☐ Satisfaction of a lien through sale of real estate
☐ False-imprisonment action
☐ Malicious-prosecution action
☐ Slander or libel action
☐ Extraordinary remedy under Chapter 53
If any box applies, stop and obtain forum-specific legal review before filing.
3. Venue screen
Do not assume that the plaintiff's residence or a defendant's business activity
alone selects the county. Complete the applicable W. Va. Code § 56-1-1 basis:
☐ A defendant resides in the filing county.
☐ The cause of action arose in the filing county.
☐ Corporate-defendant basis: [principal office / chief officer / in-state business / other statutory basis].
☐ Land or possession basis: [________________________________].
☐ Nonresident-defendant basis: [________________________________].
☐ Nonresident-plaintiff affidavit review under § 56-1-1(c), if applicable.
Facts supporting venue: [________________________________]
4. Parties and service information
| Field | Plaintiff | Defendant |
|---|---|---|
| Full legal name | [________________________________] | [________________________________] |
| Entity type, if any | [________________________________] | [________________________________] |
| Street address | [________________________________] | [________________________________] |
| City, state, ZIP | [________________________________] | [________________________________] |
| Telephone | [________________________________] | [________________________________] |
| Registered agent or authorized recipient | — | [________________________________] |
Magistrate Court Civil Rule 3 routes service of the summons and complaint
through Rule 4 of the Rules of Civil Procedure for Trial Courts of Record.
Record the method authorized and completed by the clerk or process server; do
not attach a plaintiff-created certificate claiming initial service before it
occurs.
| Service control | Entry |
|---|---|
| Summons issued by court | [________________________________] |
| Authorized service method | [________________________________] |
| Service fee or waiver | [________________________________] |
| Proof or return filed | [________________________________] |
5. Short and plain claim statement
Rule 2 requires a short and plain statement showing entitlement to relief and
a demand for the relief sought. Draft facts, not labels or unsupported legal
conclusions.
- Transaction or event: [________________________________]
- Date and place: [________________________________]
- Plaintiff's performance or right: [________________________________]
- Defendant's act or omission: [________________________________]
- Causation: [________________________________]
- Loss calculation: [________________________________]
Proposed clear and simple form statement:
[____________________________________________________________]
[____________________________________________________________]
[____________________________________________________________]
Commercial-creditor supplement
W. Va. Code § 50-4-1 requires a commercial creditor's statement to include the
original obligation, principal portion, interest portion, payment dates and
amounts, repossessed-collateral credit if any, and amount alleged due.
| Required item | Amount or explanation |
|---|---|
| Original obligation | $[____________] |
| Principal claimed | $[____________] |
| Interest claimed and basis | $[____________] — [________________________________] |
| Payments and dates | [________________________________] |
| Repossessed-collateral credit | $[____________] / not applicable |
| Total alleged due | $[____________] |
6. Requested relief
| Component | Amount and authority |
|---|---|
| Principal or compensatory amount | $[____________] |
| Prejudgment interest | $[____________] — [________________________________] |
| Court costs requested | $[____________] |
| Other relief within magistrate jurisdiction | [________________________________] |
| Total excluding interest and costs | $[____________] |
Do not request equitable relief, title adjudication, lien-sale relief, punitive
damages, fee shifting, joint-and-several liability, or a particular interest
rate without a claim-specific current-law basis.
7. Exhibits and proof
☐ Contract, invoice, receipt, account statement, or other operative writing
☐ Payment history and loss calculation
☐ Photographs, messages, notices, estimates, or repair records
☐ Ownership, assignment, or authority documents
☐ Witness list and contact information
☐ Limitations and accrual analysis
☐ Conditions precedent, demand, notice, or cure proof, if applicable
Exhibit index: [________________________________]
8. Jury election
A civil party may elect a magistrate-court jury when the amount in controversy
exceeds $20 or the action involves possession of real estate. The ordinary
written-election deadline is no later than 20 days after service of the first
timely filed answer. Rule 6A uses a five-day period after summons-and-complaint
service for specified expedited proceedings. Failure to elect timely waives
the jury right.
☐ Plaintiff elects a jury on the current official complaint form.
☐ Plaintiff does not elect at filing and has calendared the applicable deadline.
☐ Expedited-proceeding deadline reviewed separately.
Election decision and deadline: [________________________________]
9. Form transfer and signature
The current SCA-M207 asks for a clear and simple claim statement, requested
relief, signatures, and dates. It does not display a generic notarized jurat.
Complete the current form exactly as directed by the court and do not add a
notary block unless current authority or the court requires one for the actual
claim.
☐ Names, addresses, and telephone numbers transferred accurately.
☐ Claim statement and relief transferred without exceeding the form space or jurisdiction.
☐ Jury-election choice completed.
☐ Plaintiff or authorized representative capacity identified.
☐ Form signed and dated.
10. Post-filing control
| Event | Date or status |
|---|---|
| Action commenced / clerk stamp | [________________________________] |
| Summons issued | [________________________________] |
| Service completed | [________________________________] |
| First timely answer served | [________________________________] |
| Jury-election deadline | [________________________________] |
| Hearing or trial | [________________________________] |
An amended or supplemental pleading requires the magistrate's permission under
Rule 7. A default is not automatic: Rule 10 requires the record to establish
service and failure to appear or answer, plus the required affidavit or sworn
testimony and additional proof when the requested sum is not certain.
11. Current official sources
About this template
- Last updated
- August 26, 2026
- Citations checked
- August 26, 2026
- Jurisdiction
- West Virginia
- Category
- Litigation & Court Documents
Legal authority
- W. Va. Code § 50-2-1 — Magistrate court civil jurisdiction and exclusions
- W. Va. Code § 50-4-1 — Commencement of magistrate civil actions
- W. Va. Code § 50-5-8(a) — Civil jury election
- W. Va. Code § 56-1-1(a)(1), (c) — Venue and nonresident-plaintiff screening
- W. Va. Mag. Ct. Civ. R. 2 — Complaint contents
- W. Va. Mag. Ct. Civ. R. 3 — Service of summons and complaint
- W. Va. Mag. Ct. Civ. R. 6A(b) — Jury-election timing
- W. Va. Mag. Ct. Civ. R. 7 — Amended and supplemental pleadings
- W. Va. Mag. Ct. Civ. R. 10(a)-(b) — Default proof
- West Virginia Judiciary Form SCA-M207 — Civil Complaint
These are the filings that drive a lawsuit through the system: complaints, answers, motions, briefs, discovery requests and responses, and post-judgment papers. Each has its own format requirements under federal and state procedural rules, and each has a deadline that cannot be missed without consequences. Clean, procedurally correct filings move a case forward; sloppy ones invite motions to strike, amended responses, and avoidable delays.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on August 26, 2026.
W. Va. Code § 50-2-1 (checked August 26, 2026): "Magistrate 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 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 or of any of the extraordinary remedies set forth in chapter fifty-three of this code."
W. Va. Code § 50-4-1 (checked August 26, 2026): "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."
W. Va. Code § 56-1-1(a)(1) (checked August 26, 2026): "Any civil action or other proceeding, except where it is otherwise specially provided, may hereafter be brought in the circuit court of any county wherein any of the defendants may reside or the cause of action arose, except that an action of ejectment or unlawful detainer must be brought in the county wherein the land sought to be recovered, or some part thereof, is."
W. Va. Code § 56-1-1(c) (checked August 26, 2026): "For all civil actions filed on or after July 1, 2018, a nonresident of the state may not bring an action in a court of this state unless all or a substantial part of the acts or omissions giving rise to the claim asserted occurred in this state. A nonresident bringing such an action in this state shall be required to establish, by filing an affidavit with the complaint for consideration by the court, that the action cannot be maintained in the state where the action arose due to lack of any legal basis to obtain personal jurisdiction over the defendant."
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