What is small claims court?
Small Claims Court is the court of law that resolves disputes over claims for money or property that do not exceed a certain dollar amount in West Virginia. The amount in West Virginia is generally less than $5,000. This court is considered an informal and inexpensive alternative to regular civil courts. Unlike regular civil courts, the proceedings in Small Claims Court are simplified, and the rules of evidence do not apply. Both parties to the dispute are usually allowed to represent themselves, rather than have a lawyer. In addition, the court does not issue jury trials, as they are not allowed in Small Claims Court. The primary purpose of Small Claims Court is to provide a quick and easy way to resolve disputes without it becoming a long and expensive process. In West Virginia, Small Claims Court is overseen by the Magistrate Court, and all claims are heard at the District Court level. Filing a claim in Small Claims Court in West Virginia requires the plaintiff to submit the necessary paperwork and fee to the court, and then the court will contact the defendant to respond. Both parties then have an opportunity to present their case to the court. The small claims court judge will then make a decision as to who should receive the award. The decision of the small claims court judge is considered final.
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