What is the process for appealing a small claims court decision?

In West Virginia, appealing a small claims court decision is a two-step process. First, you must file a Notice of Appeal with the circuit court in the county where the small claims court is located within 30 days of the judgment. The notice must include the names and addresses of both parties, the date of the judgment, the court you are appealing from, and a citation to the law or regulation underlying the judgment. Second, you must file a Statement of Appeal within 20 days after the Notice of Appeal is filed. This statement must include the reasons for appealing, along with any factual and legal evidence supporting your case. The opposing party must also file a response to your Statement of Appeal. If the opposing party does not file a response within 20 days of the Statement of Appeal being filed, the court may order the decision to be reversed without a full hearing. Once all documents are filed, a date for a hearing will be set. On the date, both parties and their witnesses will be present to present their evidence and the court will make a decision. The decision of the circuit court is final and not subject to further appeal.

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