Can I modify or vacate a small claims court judgment?

Yes, you can modify or vacate a small claims court judgment in West Virginia. This is possible under certain conditions. To modify or vacate a small claims court judgment, you must file a motion with the court that issued the judgment. This motion must specify the reason that you are requesting the modification or vacating of the judgment. Common reasons for requesting modification or vacating of a small claims court judgment in West Virginia are if you can prove the party filing the claim was not legally entitled to do so, the court that issued the judgment did not have jurisdiction, or if a material mistake of fact was made when the judgment was issued. It is important to note that even if you are granted a modification or vacating of the judgment, this does not necessarily mean that your case is dismissed. In some cases, the original judgment may be modified instead of being completely vacated. Additionally, the party filing the claim may appeal the ruling to the circuit court if they feel the decision was wrong. You also may not be able to modify or vacate the judgment if you do not meet the time limits set forth by West Virginia law. Finally, it is important to note that you will be responsible for all court costs for the modification or vacating of the judgment, and these costs can vary depending on the specific circumstances of your case.

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