West Virginia small claims
How to fill out West Virginia's Civil Complaint (SCA-M207)
Official form: SCA-M207 — Civil Complaint (Magistrate Court) · Walkthrough written against SCA-M207 / 10-94
Download the official form — free, from the court
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Get the official SCA-M207 from the court's site →Link verified 2026-07-04. If it has moved, the court's forms index and clerk's office will have the current version — verify with the court before filing.
What this form is
West Virginia doesn't have a separately named small claims court — money claims up to $10,000 file in Magistrate Court, and the SCA-M207 "Civil Complaint" is the statewide form that starts one. It is a single compact page: a caption, the claim, the relief requested, your signature, and a printed notice about jury trials, with statute and rule citations (W.Va. Code §§ 50-4-1, 50-5-8(a); Magistrate Court Civil Rules 2 and 6A) in the footer.
The form's whole theory is brevity. Its one instruction for the claim section, printed in brackets, is to "give a clear and simple statement of the claim against the defendant(s)" — no numbered paragraphs, no checkboxes, just the facts and what you want the court to do about them.
Unusually for a small-claims-scale form, the jury option is printed right on it: any party seeking over $20 (or possession of real estate) may elect a jury by written notice within the deadlines the form states, and an optional "Notice of Election" signature block sits at the bottom for a plaintiff who wants one from the start.
The form, field by field
What each part of the form asks for, in the form's own order. These are descriptions of the questions — what to answer depends on facts only you know, and the court clerk or the form's own instructions are the authoritative sources.
The caption and parties
"In the Magistrate Court of ___ County, West Virginia"
The county where you are filing. The case number is the court's to assign.
Name, address & phone number of plaintiff / of defendant
Contact blocks for both sides. The defendant's address is where the summons goes, so it needs to be complete and current.
The complaint
"The above-named plaintiff or ___, on behalf of the plaintiff acting in the capacity of ___, alleges the following as true and accurate"
The opening sentence identifies who is making the allegations — the plaintiff personally, or someone completing the form for the plaintiff in a stated capacity. The bracketed instruction that follows asks for "a clear and simple statement of the claim against the defendant(s)," with lined space to write it.
"and requests the following relief from the court:"
Lined space for what you are asking the court to order — for a money case, the amount. The claim must be within Magistrate Court's $10,000 civil jurisdiction.
Signature and date
You sign and date below the relief request. No notarization is required on this form.
The jury trial notice and optional election
Pre-printed jury notice
The form states that any party in a civil action seeking over $20.00 or possession of real estate has the right to elect a jury trial, and sets the deadlines: written notice to the magistrate court within 20 days from when the first timely answer to the complaint is made (or 5 days from service, for unlawful entry and detainer actions). Missing the window waives the jury, and the notice explains the jury fee is assessed against the losing party or may be prorated on settlement.
"(OPTIONAL) NOTICE OF ELECTION" — signature and date
A second signature block, used only by a plaintiff who wants a jury trial: "As plaintiff in the above action, I wish to have a jury trial." Left blank, the case is decided by the magistrate.
Court-use markings
Docket codes and copy distribution
The footer carries docket codes and the copy routing (Return, Defendant, File, Plaintiff) — printing that tells the clerk's office where each copy of the multi-part form goes. None of it is yours to complete. A printed notice also tells any party with a disability needing accommodations to inform the court in advance.
Common reasons clerks reject this form
Clerks bounce filings for mechanical, fixable reasons. These are the patterns that come up with this particular form:
- ⚠Vague or sprawling claim statements — the form's own bracketed instruction asks for a clear and simple statement, and a claim the defendant and magistrate can't follow invites delay.
- ⚠Leaving the relief section blank — the amount (or other relief) requested is a separate lined section, not something folded into the claim narrative.
- ⚠Claiming more than $10,000 — that exceeds Magistrate Court civil jurisdiction; larger claims file in Circuit Court.
- ⚠An incomplete defendant address block — the summons can't be served without a complete, current address.
- ⚠Signing the optional jury election by accident — the second signature block is only for a plaintiff who actually wants a jury trial, which changes how the case proceeds and adds a potential jury fee.
- ⚠Filing in the wrong county — the county in the caption controls where the case is heard.
What filing costs, and where it happens
West Virginia Magistrate Court civil filing fees are tiered by the amount claimed, running roughly $50 to $70, with service of the summons and complaint costing extra per defendant. The magistrate court clerk for your county quotes the exact figures — verify the current amounts with the clerk before filing.
You file with the magistrate court clerk in the proper county. The clerk issues a summons to accompany the complaint, the defendant is served, and the case proceeds before a magistrate unless a party makes a timely written jury election under the deadlines printed on the form. West Virginia magistrate courts handle these cases with simplified rules — the form's citations to Magistrate Court Civil Rules 2 and 6A are the governing procedure.
Published fees and court locations for your county are in our West Virginia small claims guide and the court directory. Fees change — verify the current amount with the clerk before filing.
Frequently asked questions
Does West Virginia have a small claims court?
Not under that name — the Magistrate Court is where small money claims go, with a $10,000 civil jurisdiction limit, simplified procedure, and the SCA-M207 Civil Complaint as the filing document.
Where do I get the SCA-M207?
From courtswv.gov — the official PDF is free (linked on this page), and magistrate court clerk offices provide the multi-part version at the counter.
How much can I sue for in West Virginia Magistrate Court?
Up to $10,000 in a civil money action. Claims above that belong in Circuit Court.
Can I get a jury trial?
Yes — the form's printed notice says any party seeking over $20.00 (or possession of real estate) may elect a jury by written notice within the stated deadlines, and the form has an optional election block a plaintiff can sign at filing. Without a timely election, the magistrate decides the case.
Does the complaint need to be notarized?
No — the SCA-M207 is a signed complaint with a date line, not a sworn affidavit.
Related guides
Form link verified: 2026-07-04. Reviewed against our Editorial Standards.
This is general information to help you understand the form — not legal advice, and not a substitute for advice from a licensed attorney about your specific situation. Courts revise forms, fees, and procedures; the court's own instructions and your court clerk are the authoritative sources. Always verify with the court before filing.