2026 Guide West Virginia 25 Dispute Types
West Virginia Small Claims Court — Dispute Guides
Select who you're suing for a guide tailored to West Virginia's court rules, the $10,000 limit, and your specific dispute type.
$10,000
SC limit
$30–$100
Filing fee
Magistrate Court
Court name
Who Are You Suing in West Virginia?
Landlord
$500–$5,000 Security deposits, unpaid repairs & habitability disputes
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Contractor
$500–$10,000 Incomplete work, shoddy repairs & contractor fraud
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Employer
$200–$7,500 Unpaid wages, last paycheck & withheld commissions
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Amazon
$50–$2,000 Damaged goods, undelivered orders & third-party seller disputes
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Car Dealer
$500–$10,000 Undisclosed damage, deposit disputes & lemon car issues
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Insurance Company
$500–$10,000 Claim denials, underpayment & bad faith delays
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Neighbor
$200–$5,000 Property damage, fence disputes & nuisance claims
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Mechanic / Auto Shop
$200–$5,000 Overcharges, unauthorized repairs & damage while in their care
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Roommate
$200–$5,000 Unpaid rent, stolen deposits & property damage
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Airline
$100–$3,000 Canceled flights, baggage loss & denied boarding compensation
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Airbnb / VRBO
$200–$3,000 Host disputes, property damage & refund denials
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Moving Company
$500–$8,000 Damaged belongings, inflated bills & hostage loads
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Online Seller (eBay, Facebook, Craigslist)
$100–$3,000 Misrepresented items, non-delivery & fraud
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Dog Owner
$200–$10,000 Bite injuries, property damage & vet bills
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Friend or Family Member
$100–$5,000 Unpaid loans, bounced checks & personal money disputes
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Uber or Lyft
$100–$5,000 Accidents, overcharges & property damage
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Hotel
$100–$5,000 Injury, overcharges & accommodation disputes
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Store / Retailer
$50–$3,000 Return disputes, defective products & overcharges
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Car Accident (Other Driver)
$500–$10,000 Vehicle damage, injuries & uninsured drivers
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Cell Phone Company
$100–$2,000 Overcharges, broken contracts & deposit disputes
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Gym / Fitness Club
$100–$1,500 Membership cancellation disputes & unauthorized charges
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Wedding Vendor
$500–$10,000 Deposit disputes, no-shows & broken vendor contracts
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Doctor / Medical Provider
$200–$5,000 Billing errors, overcharges & surprise bills
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Property Manager
$300–$8,000 Mismanagement, fee disputes & unauthorized charges
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Internet / Cable Provider
$100–$2,000 Overcharges, broken speed promises & equipment deposits
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West Virginia Small Claims — At a Glance
Court name Magistrate Court
Maximum claim $10,000
Filing fee range $30–$100
Written contract SoL 10 years
Property damage SoL 2 years
Oral contract SoL 5 years
West Virginia tip
West Virginia has a 10-year statute of limitations on written contracts — very plaintiff-friendly.Frequently Asked Questions
What is the small claims limit in West Virginia?
The small claims limit in West Virginia is $10,000. This is the maximum dollar amount you can sue for in the Magistrate Court. If your actual damages exceed this amount, you can reduce your claim to fit within the limit or file in a higher civil court for the full amount.
How do I file a small claims case in West Virginia?
To file a small claims case in West Virginia: (1) get the plaintiff's claim form from the Magistrate Court or its website; (2) complete it with the defendant's full legal name and address; (3) file at the courthouse and pay the $30–$100 filing fee; (4) serve the defendant; (5) attend your hearing with all evidence.
How long do I have to file a small claims case in West Virginia?
In West Virginia, the statute of limitations for written contracts is 10 years and for oral contracts is 5 years. You must file before this deadline — courts dismiss time-barred claims regardless of merit. The clock starts from the date of the dispute or breach.
Can I bring a lawyer to small claims court in West Virginia?
Attorney representation rules in West Virginia small claims court vary. Most small claims cases are handled without lawyers — the simplified process and short hearing times make self-representation practical. If the amount is significant or the issues are complex, a brief attorney consultation before the hearing (not at the hearing) can help you prepare your case.
What happens if I win but the other party doesn't pay in West Virginia?
If the other party refuses to pay your judgment, you can use enforcement tools: wage garnishment, bank account levy, or a property lien recorded with the county. All require a Writ of Execution from the court. Your judgment also earns post-judgment interest while unpaid. See our full West Virginia judgment collection guide for step-by-step enforcement instructions.