What defenses can the other party raise in small claims court?

In West Virginia small claims court, the other party may raise various defenses to try to avoid liability or to reduce the amount they must pay. Common defenses include the statute of limitations, insufficient evidence, lack of jurisdiction, improper service, and improper venue. The statute of limitations is a time limit set by state law within which a claim must be brought. If a party brings a claim after the statute of limitations has run, the other party may use this defense to have the claim dismissed. The other party may also challenge the evidence presented by the plaintiff, arguing that there is insufficient evidence to support the claim. Additionally, the other party may argue that the court lacks jurisdiction to hear the case. This means that either the court does not have the legal authority to handle the dispute, or that the parties involved do not live within the court’s jurisdiction. The other party may also allege that they were never properly served the paperwork necessary to bring them to court, and that they deserve to be dismissed on that basis. Finally, if the court is not located in the proper county, the other party may argue that the venue is improper and the case should be heard in another court. These are just a few of the defenses the other party may use in West Virginia small claims court. Each claim is unique, so it is important to consult an attorney to discuss your specific case.

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What defenses can the other party raise in small claims court?

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